TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-02-00173-CR
Scott Allen Houston, Appellant
v.
The State of Texas, Appellee
FROM THE CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
NO. 0778649D, HONORABLE SHAREN WILSON, JUDGE PRESIDING
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, as here, Rule 25.2(b)(3), governing perfection of an appeal in a criminal case, requires that the notice of appeal state that the appeal is 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. Tex. R. App. P. 25.2(b)(3); see also Johnson v. State, Nos. 0956-01 & 0957-01, slip op. at 5, 2002 Tex. Crim. App. LEXIS 150, at *5 (Tex. Crim. App. Sept. 11, 2002); Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001) (Rule 25.2(b)(3) limits every appeal in a plea bargain, felony case). These requirements also apply to appeals from a judgment adjudicating guilt when the parties agreed to deferred adjudication probation pursuant to a plea bargain at the original plea proceeding, unless the appellant raises an issue or issues "unrelated" to his or her conviction. Tex. R. App. P. 25.2(b)(3); Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002); Vidaurri v. State, 49 S.W.3d 880, 884 (Tex. Crim. App. 2001); Williams v. State, 76 S.W.3d 207, 210 (Tex. App.--Fort Worth 2002, no pet.). There are no issues in this appeal unrelated to appellant's conviction; thus, it was necessary for appellant to comply with the mandatory notice requirements of Rule 25.2(b)(3) to properly invoke our appellate jurisdiction. Because appellant's notice of appeal does not comply with this rule, his notice fails to confer jurisdiction on this Court.
Absent appellate jurisdiction, we can take no action other than to dismiss the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Jan P. Patterson, Justice
Before Chief Justice Aboussie, Justices Patterson and Puryear
Dismissed for Want of Jurisdiction
Filed: October 10, 2002
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