In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00263-CR
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PATRICK EUGENE MALLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Cause No. 888765
O P I N I O N
Appellant pleaded guilty to felony driving while intoxicated and true to two enhancement paragraphs that alleged prior convictions for murder and felon in possession of a firearm. In accordance with a plea bargain agreement with the State, appellant was sentenced to 25 years confinement. Appellant filed a timely notice of appeal. We dismiss the appeal for lack of jurisdiction.
Appellant filed a general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure in that it did not state that the appeal was for a jurisdictional defect, 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. See Tex. R. App. P. 25.2(b)(3). Appellant may not now file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).
The Court of Criminal Appeals held that an appellate court is without jurisdiction in felony cases such as the present one in which: (1) the defendant entered a plea of guilty or no contest based on a plea bargain agreement; (2) the trial court followed the agreement in assessing punishment; and (3) a general notice of appeal was filed. See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 83 (Tex. Crim. App. 2001).
We also note that appellant waived his right to appeal if the trial court followed the plea bargain agreement. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.).
Accordingly, we dismiss the appeal for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Schneider, and Justices Taft and Radack.
Do not publish. Tex. R. App. P. 47.