Shawn Christopher Randle v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-02-467 CR

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SHAWN CHRISTOPHER RANDLE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 86529




MEMORANDUM OPINION (1)

Shawn Christopher Randle pleaded guilty to the first degree felony offense of aggravated robbery. See Tex. Pen. Code Ann. § 29.03(a)(2),(b) (Vernon 2003). Following a plea bargain agreement between Randle and the State, the trial court sentenced Randle 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 July 17, 2003, Randle was given an extension of time in which to file a pro se brief. We received no response from the appellant.

Because the appeal was perfected before January 1, 2003, 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) (1997, amended 2003). The general notice of appeal filed by Randle 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).

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). Randle 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 October 15, 2003

Opinion Delivered October 22, 2003

Do Not Publish

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

1. Tex. R. App. P. 47.4.