Jake Knight Jones v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-01-556 CR

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JAKE KNIGHT JONES, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 75330




MEMORANDUM OPINION

Jake Knight Jones pleaded guilty to the first degree felony offense of engaging in organized criminal activity. See Tex. Pen. Code Ann. § 71.02(a)(1) (Vernon Supp. 2002). Following a plea bargain agreement between Jones and the State, the trial court deferred adjudication of guilt and placed Jones on community supervision for ten years. Subsequently, the court found Jones violated the terms of the community supervision order and sentenced Jones to twenty 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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On March 21, 2002, Jones 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 notice of appeal filed by Jones failed to invoke our appellate jurisdiction to review issues relating to his conviction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). (1) Although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which Jones was punished, no error relating to punishment was preserved. Vidaurri v. State, 49 S.W.3d 880, 883, 885 (Tex. Crim. App. 2001).

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). The judgment is affirmed.

AFFIRMED.

PER CURIAM



Submitted on June 26, 2002

Opinion Delivered July 10, 2002

Do Not Publish



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

1. In a plea-bargained, felony case, 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).