Gregory Jones v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-02-278 CR

NO. 09-02-279 CR

NO. 09-02-280 CR

NO. 09-02-281 CR

NO. 09-02-282 CR

NO. 09-02-283 CR

NO. 09-02-284 CR

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GREGORY JONES, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 85477, 85478, 85479,

85480, 85481, 85482 and 85483




MEMORANDUM OPINION

Gregory Jones pleaded guilty to three indictments for the first degree felony offense of aggravated robbery, in Cause Nos. 85477 (Appeal No. 09-02-278 CR), 85478 (Appeal No. 09-02-279 CR), and 85479 (Appeal No. 09-02-280 CR). See Tex. Pen. Code Ann. § 29.03(a)(2) (Vernon 1994). He contemporaneously pleaded guilty in Cause No. 85480 (Appeal No. 09-02-281 CR) to the second degree felony offense of aggravated assault. See Tex. Pen. Code Ann. § 22.02(a)(2) (Vernon 1994). At the same time, Jones pleaded guilty to three indictments for state jail felony offenses: unauthorized use of a motor vehicle in Cause Nos. 85481 (Appeal No. 09-02-282 CR) and 85482 (Appeal No. 09-02-283 CR), and evading arrest involving the use of a motor vehicle in Cause No. 85483 (Appeal No. 09-02-284 CR). Tex. Pen. Code Ann. §§ 31.07; 38.04(a), (b)(1) (Vernon 1994 & Supp. 2003). Written plea bargain agreements between Jones and the State provided for a limitation of 20 years of confinement on the first degree felonies and required concurrent sentences for all seven convictions.

Appellate counsel filed a brief that concludes no arguable error is presented in these appeals. 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 October 24, 2002, we granted Jones an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeals involve the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

The notices of appeal filed by Jones failed to invoke our appellate jurisdiction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001); Delatorre v. State, 957 S.W.2d 145, 148-49 (Tex. App.--Austin 1997, pet. ref'd). (1)

We have reviewed the clerk's records and the reporter's records, 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). Jones raises no points of error, and we find no arguable error upon which we would have jurisdiction. Accordingly, we dismiss the appeals for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM

Submitted on February 4, 2003

Opinion Delivered February 12, 2003

Do Not Publish



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





















1. For appeals 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). Defense counsel sought, but did not obtain, permission to appeal.