On April 28, 1999, the Texas Court of Criminal Appeals granted the State's petition for discretionary review and remanded the case so that this Court might reconsider appellant's contentions in light of the recent decisions in Ditto and Ervin. See Ditto v. State, 988 S.W.2d 236 (Tex.Crim.App. 1999) (consolidated with Ervin v. State). We withdraw our opinion and judgment of October 28, 1998, and affirm in part and dismiss for lack of jurisdiction in part.
By way of his second point of error, Herrera complains that the trial court erred in failing to consider several post-judgment motions. By way of his third point of error presented as his sole point of error on remand, Herrera complains that the trial court relied upon an erroneous "repeater" paragraph in the original indictment when sentencing him.2 Pursuant to Rule 25.2(b)(3), we lack jurisdiction to consider these complaints. See Tex.R.App.P. 25.2(b)(3); Brunson, 995 S.W.2d at 711 (Rule 25.2(b)(3) applies to appeal from judgment revoking deferred adjudication probation and adjudicating guilt). When, as in the instant case, a defendant is appealing from a judgment rendered on a plea of guilty and the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, our jurisdiction is limited to jurisdictional issues, issues raised by written motion and ruled on before trial, and issues that the trial court granted permission to appeal. See id. These complaints involve neither jurisdictional issues,see Martinez v. State, 5 S.W.3d 722, 725-26 (Tex.App.-San Antonio 1999, no pet.) (explaining that jurisdiction is power of court over "subject matter" of case, conveyed by statute or constitutional provision, coupled with "personal" jurisdiction over accused, which is invoked in felony prosecutions by filing of sufficient indictment or information if indictment is waived, and once trial court's jurisdiction over subject matter and parties is properly invoked, trial court's actions may be erroneous, but they are not void in jurisdictional sense), nor issues raised by written motion and ruled on before trial. Accordingly, we dismiss points of error two and three for lack of jurisdiction.
Because Herrera was punished in accordance with the plea agreement when he received deferred adjudication probation and the trial court did not fail to follow the plea agreement, we overrule his first point of error and affirm his conviction. We dismiss his remaining points of error for lack of jurisdiction.