Emmanuel J. Boswell v. State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-01-351 CR

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EMMANUEL J. BOSWELL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 80911

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MEMORANDUM OPINION

Emmanuel J. Boswell pleaded no contest to the first degree felony offense of aggravated robbery. See Tex. Pen. Code Ann. § 29.03(a)(2) (Vernon 1994). Following a plea bargain agreement between Boswell and the State, ⁽¹⁾ the trial court sentenced Boswell to ten 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 30, 2002, Boswell 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 Boswell 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). ⁽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). Boswell 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Do Not Publish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 10 years of confinement in the Texas Department of Criminal Justice, Institutional Division, and called for the dismissal of another indictment. 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 (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).