James Michael McNeal v. State

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In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-01-483 CR

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JAMES MICHAEL MCNEAL, Appellant



V.



THE STATE OF TEXAS, Appellee



On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 84309



MEMORANDUM OPINION

James Michael McNeal pleaded guilty to the offense of theft of property of a value of $1,500 or more but less than $20,000. See Tex. Pen. Code Ann. § 31.03(a),(e)(4) (Vernon Supp. 2002). Prior sequenced felony convictions elevated the punishment range to that of a second degree felony. See Tex. Pen. Code Ann. § 12.42(a)(2) (Vernon Supp. 2002). Following a plea bargain agreement between McNeal and the State, the trial court sentenced McNeal to four years of confinement in the Texas Department of Criminal Justice, Institutional Division.

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 May 2, 2002, McNeal 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 McNeal 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, 78 (Tex. Crim. App. 2001). (1)

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). McNeal 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Do Not Publish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 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).