Zachary Wayne Coleman v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-02-303 CR

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ZACHARY WAYNE COLEMAN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 86502




MEMORANDUM OPINION

Zachary Wayne Coleman pleaded guilty to the state jail felony offense of delivery of a simulated controlled substance. See Tex. Health & Safety Code Ann. § 482.002 (Vernon Supp. 2003). Following a plea bargain agreement between Coleman and the State, the trial court sentenced Coleman 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), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On September 19, 2002, Coleman was given an extension of time in which to file a pro se brief. We received no response from the appellant other than a request for a sentence reduction. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

The general notice of appeal filed by Coleman 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). (1)

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). Coleman 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 January 2, 2003

Opinion Delivered January 15, 2003

Do Not Publish



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

1.

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).