Felix Mendoza v. The State of Texas--Appeal from 22nd District Court of Hays County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-01-00091-CR Felix Mendoza, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-00-524, HONORABLE GARY L. STEEL, JUDGE PRESIDING PER CURIAM Appellant pleaded guilty to three counts of aggravated sexual assault of a child. See Tex. Penal Code Ann. § 22.021 (West Supp. 2001). The district court adjudged him guilty and assessed punishment at imprisonment for eight years, in conformity to a plea bargain agreement. Appellant filed a general notice of appeal. When a defendant pleads guilty to a felony and the punishment assessed does not exceed that recommended by the prosecutor and agreed to by the defendant, the notice of appeal must state that the appeal is for a jurisdictional defect, or that the substance of the appeal was raised by written motion and ruled on before trial, or that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Appellant s notice of appeal does not comply with this rule and fails to confer jurisdiction on this Court. Whitt v. State, No. 03-00-00194-CR (Tex. App. Austin April 19, 2001, no pet. h.); see also Cooper v. State, No. 1100-99, slip op. at 6-8 (Tex. Crim. App. April 4, 2001). The appeal is dismissed for want of jurisdiction. Before Justices Kidd, B. A. Smith and Puryear Dismissed for Want of Jurisdiction Filed: May 31, 2001 Do Not Publish 2

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