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NUMBER 13-01-824-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI B EDINBURG
ADOLFO GUERRA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 206th District Court of Hidalgo County, Texas
O P I N I O N
Before Justices Yañez, Castillo, and Baird[1]
Opinion by Justice Baird
Appellant was charged by indictment with the offense of murder. Pursuant to a plea agreement, appellant pled guilty to the charged offense and the State recommended that punishment be assessed at fifteen years confinement in the Texas Department of Criminal Justice--Institutional Division. The trial judge followed the terms of the plea agreement. We dismiss for want of jurisdiction.
On September 14, 2001, appellant entered a plea of guilty to the offense of murder. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to fifteen years confinement. On November 29, 2001, appellant wrote a letter to the Hidalgo County District Clerk, stating, inter alia, AI want to appeal my cause.@ That same date, the trial judge appointed counsel who filed a general notice of appeal.
The State contends this notice of appeal does not invoke our jurisdiction. For the following reasons, we agree. To invoke the jurisdiction of an appellate court, an appellant must give timely and proper notice of appeal. White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001). Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure provides that when an appeal is from a judgment rendered on a defendant's plea of guilty or nolo contendere and the punishment assessed does not exceed the punishment recommended by the State and agreed to by the defendant, the notice of appeal must: (1) specify that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) state that the trial court granted permission to appeal. Id. A general notice of appeal that does not comply with the requirements of Rule 25.2(b)(3), does not vest an appellate court with jurisdiction. Johnson v. State, 84 S.W.3d 658, 660 (Tex. Crim. App. 2002). Consequently, the general notice of appeal filed in the instant case, does not vest this Court with jurisdiction. The appropriate remedy in this situation is to dismiss the appeal. Talley v. State, 77 S.W.3d 904, 907 (Tex. App.BDallas, 2002, no pet.). Accordingly, the instant appeal is dismissed for want of jurisdiction.
CHARLES F. BAIRD
Justice
Do Not Publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed this
the 21st day of November, 2002.
[1] Former Court of Criminal Appeals Judge Charles F. Baird assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov=t Code Ann. ' 74.003 (Vernon 1998).