Joseph Green, A/K/ Otis Green v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-059 CR

____________________

JOSEPH GREEN, a/k/a OTIS GREEN, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 85315

---

MEMORANDUM OPINION

Joseph Green pleaded guilty to the state jail felony offense of delivery of a controlled substance, cocaine, in an amount of less than one gram. See Tex. Health & Safety Code Ann. § 481.112(a),(b) (Vernon Supp. 2002). Following a plea bargain agreement between Green and the State, ⁽¹⁾ the trial court sentenced Green to eighteen months of confinement in a state jail facility.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On June 6, 2002, Green was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.

The general notice of appeal filed by Green failed to invoke our appellate jurisdiction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001). ⁽²⁾

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Green raises no points of error over which we have jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on September 12, 2002

Opinion Delivered September 18, 2002

Do Not Publish

Before Walker, C.J., Burgess and Gaultney, JJ.

1.

The "Agreed Punishment Recommendation" limited the upper range of punishment to eighteen months of confinement in a state jail facility. These circumstances establish the existence of a plea bargain agreement as to the punishment to be assessed by the trial court. See Delatorre v. State, 957 S.W.2d 145, 148-49 (Tex. App.-Austin 1997, pet. ref'd).

2.

The notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3).