TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00412-CR
Daniel Craig Halley, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. CR91-0401-B, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING
PER CURIAM
Appellant pleaded guilty and judicially confessed to possessing less than twenty-eight grams of morphine. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, § 481.115, 1989 Tex. Gen. Laws 2230, 2936 (Tex. Health & Safety Code Ann. § 481.115, since amended). The district court found that the evidence substantiated appellant's guilt but, pursuant to a plea bargain agreement, deferred further proceedings without adjudicating guilt and placed appellant on community supervision. The court subsequently revoked supervision on the State's motion, adjudicated appellant guilty, and assessed punishment at imprisonment for seventeen years.
Appellant's only point of error is that the punishment is unconstitutionally disproportionate to the offense. Appellant's notice of appeal, however, does not does not state that the district court gave appellant permission to appeal. As a result, we have jurisdiction in this cause only to consider jurisdictional issues. Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996); Tex. R. App. P. 40(b)(1). Appellant's point of error does not question the jurisdiction of the district court over either the subject matter of this cause or appellant personally. Fairfield v. State, 610 S.W.2d 771, 779 (Tex. Crim. App. 1981). Under the circumstances, we do not have jurisdiction of this appeal.
The appeal is dismissed.
Before Chief Justice Carroll, Justices Kidd and B. A. Smith
Dismissed for Want of Jurisdiction
Filed: October 23, 1996
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