Glen Howard Alexander v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-00-00572-CR

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Glen Howard Alexander, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 50,758, HONORABLE RICK MORRIS, JUDGE PRESIDING

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Appellant Glen Howard Alexander pleaded no contest to an indictment accusing him of aggravated sexual assault of a child.  See Tex. Penal Code Ann.  22.021(a)(1)(B)(i), (2)(B) (West Supp. 2001).  As called for in a plea bargain agreement, the district court deferred adjudication of guilt and placed appellant on community supervision.  Appellant filed a pro se notice of appeal and represents himself before this Court.

When a defendant pleads guilty to a felony and the punishment assessed does not exceed that recommended by the prosecutor and agreed to by the defendant, the notice of appeal must state that the appeal is for a jurisdictional defect, or that the substance of the appeal was raised by written motion and ruled on before trial, or that the trial court granted permission to appeal.  Tex. R. App. P. 25.2(b)(3).  Appellant's notice of appeal does not comply with this rule and fails to confer jurisdiction on this Court.  Whitt v. State, No. 03-00-00194-CR (Tex. App.--Austin April 19, 2001, no pet. h.); see also Cooper v. State, No. 1100-99, slip op. at 6-8 (Tex. Crim. App. April 4, 2001) (voluntariness of appeal).

The appeal is dismissed for want of jurisdiction.

                                                                                  

Marilyn Aboussie, Chief Justice

Before Chief Justice Aboussie, Justices Yeakel and Patterson

Dismissed for Want of Jurisdiction

Filed:   June 7, 2001

Do Not Publish

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

---

NO. 03-00-00572-CR

---

Glen Howard Alexander, Appellant

v.

The State of Texas, Appellee

---

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 50,758, HONORABLE RICK MORRIS, JUDGE PRESIDING

---

Appellant Glen Howard Alexander pleaded no contest to an indictment accusing him of aggravated sexual assault of a child.  See Tex. Penal Code Ann.  22.021(a)(1)(B)(i), (2)(B) (West Supp. 2001).  As called for in a plea bargain agreement, the district court deferred adjudication of guilt and placed appellant on community supervision.  Appellant filed a pro se notice of appeal and represents himself before this Court.

When a defendant pleads guilty to a felony and the punishment assessed does not exceed that recommended by the prosecutor and agreed to by the defendant, the notice of appeal must state that the appeal is for a jurisdictional defect, or that the substance of the appeal was raised by written motion and ruled on before trial, or that the trial court granted permission to appeal.  Tex. R. App. P. 25.2(b)(3).  Appellant's notice of appeal does not comply with this rule and fails to confer jurisdiction on this Court.  Whitt v. State, No. 03-00-00194-CR (Tex. App.--Austin April 19, 2001, no pet. h.); see also Cooper v. State, No. 1100-99, slip op. at 6-8 (Tex. Crim. App. April 4, 2001) (voluntariness of appeal).

The appeal is dismissed for want of jurisdiction.

                                                                                  

Marilyn Aboussie, Chief Justice

Before Chief Justice Aboussie, Justices Yeakel and Patterson

Dismissed for Want of Jurisdiction

Filed:   June 7, 2001

Do Not Publish