TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 48,373, HONORABLE C. W. DUNCAN, JR., JUDGE PRESIDING
Appellant pleaded guilty to assaulting a peace officer. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West Supp. 2001). The plea was made pursuant to a plea bargain agreement by which the State agreed to recommend probation. In conformity to the agreement, the district court found that the evidence substantiated appellant's guilt, deferred adjudication, and placed appellant on community supervision. The State later moved to adjudicate. The motion was granted following a hearing. Appellant was adjudged guilty and sentenced to imprisonment for three years. 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). This rule applies to an appeal following revocation of deferred adjudication community supervision if the defendant was originally placed on deferred adjudication pursuant to a plea bargain. Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996). Appellant's notice of appeal does not comply with rule 25.2(b)(3) and fails to confer jurisdiction on this Court. Whitt v. State, No. 03-00-00194-CR (Tex. App.--Austin April 19, 2001, no pet.); 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 Chief Justice Aboussie, Justices Yeakel and Patterson
Dismissed for Want of Jurisdiction
Filed: May 31, 2001
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