Court of Civil Appeals of Texas, 2001

Elmer Edson Hayes v. State of Texas

Elmer Edson Hayes v. State of Texas
Court of Civil Appeals of Texas · Decided October 2, 2001

Elmer Edson Hayes v. State of Texas

Opinion

NO. 07-01-0229-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A OCTOBER 2, 2001 ______________________________

ELMER EDSON HAYES, AKA EDDIE HAYES, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NO. 43.619-E; HONORABLE ABE LOPEZ, JUDGE _______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

DISMISSAL

Pursuant to a guilty plea and plea bargain, appellant was convicted for reckless injury to a child causing serious bodily injury and punishment was assessed as recommended at ten years confinement. Appellant filed a pro se general notice of appeal from his conviction. We dismiss this appeal for want of jurisdiction.

When an appeal is made from a judgment rendered on a defendant’s guilty plea and the punishment assessed does not exceed the punishment recommended by the State, a notice of appeal must comply with Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. Moreover, the Texas Court of Criminal Appeals held in Cooper v. State, 45 S.W.3d 77, 83 (Tex.Cr.App. 2001) that voluntariness of a plea is no longer appealable from plea-bargained felony convictions. Thus, because appellant filed a general notice of appeal, we are without jurisdiction to entertain any possible complaints appellant might have raised.

Accordingly, we dismiss for want of jurisdiction.

Don H. Reavis Justice Do not publish.

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