Sandra Lynette Matthews v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-01-508 CR

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SANDRA LYNETTE MATTHEWS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 82585

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MEMORANDUM OPINION

Sandra Lynette Matthews 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 Matthews and the State, ⁽¹⁾ the trial court sentenced Matthews to 14 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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 7, 2002, Matthews 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 Matthews 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. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App.1991). Matthews 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 May 27, 2002

Opinion Delivered May 29, 2002

Do Not Publish

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

1.

The "Agreed Punishment Recommendation" limited the upper range of punishment to 14 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 (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).