Gerald Fitzgerald Jarmon v. The State of Texas--Appeal from 176th District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-01-351-CR

GERALD FITZGERALD JARMON,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 176th District Court

Harris County, Texas

Trial Court # 883,275

MEMORANDUM OPINION

Pursuant to a plea bargain, Gerald Fitzgerald Jarmon pled guilty to the felony offense of possession of a controlled substance, namely cocaine, in an amount more than four grams but less than 200 grams. The trial court followed the plea bargain agreement and sentenced Jarmon to three years in prison. Jarmon filed a general notice of appeal. We dismiss his appeal for want of jurisdiction.

Where a defendant pleads guilty or nolo contendere with the benefit of a plea bargain agreement and the punishment assessed does not exceed the agreed punishment, a defendant s notice of appeal must comply with the extra-notice requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. Tex. R. App. P. 25.2(b)(3); White v. State, No.123-01 (Tex. Crim. App. December 5, 2001); Craddock v. State, 32 S.W.3d 886, 887 (Tex. App. Waco 2000, no pet.). In this situation, a general notice of appeal is insufficient to confer jurisdiction on a court of appeals. Id.

Jarmon s general notice of appeal does not comply with Rule 25.2(b)(3). The time for perfecting his appeal has elapsed, and this jurisdictional defect cannot now be corrected. See Riewe v. State, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000); Craddock, 32 S.W.3d at 888. Accordingly, we do not have jurisdiction over this appeal and dismiss it for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of jurisdiction

Opinion delivered and filed January 2, 2002

Do not publish

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