Court of Civil Appeals of Texas, 2001

Jose Alfredo Castro v. State of Texas

Jose Alfredo Castro v. State of Texas
Court of Civil Appeals of Texas · Decided November 7, 2001

Jose Alfredo Castro v. State of Texas

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-00-202 CR

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JOSE ALFREDO CASTRO, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 79721




OPINION

Jose Alfredo Castro pleaded guilty to the third degree felony offense of driving while intoxicated. Tex. Pen. Code Ann. §§ 49.04, 49.09 (Vernon 1994 & Supp. 2001). The trial court assessed punishment at 7 years of confinement in the Texas Department of Criminal Justice, Institutional Division. The record reflects the trial court followed the terms of a plea bargain between Castro and the State. Castro appealed.

Appellate counsel filed a brief in compliance with 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). The brief concludes that the record presents no arguable error which would support an appeal, a conclusion with which we concur. On March 15, 2001, Castro was given an extension of time in which to file a pro se brief if he so desired. The "pro se" brief submitted by counsel on Castro's behalf does not provide any basis for jurisdiction.

The general notice of appeal does not comply with the form required by the Rules of Appellate Procedure. See Tex. R. App. P. 25.2(b)(3); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001); Davis v. State, 870 S.W.2d 43, 47 (Tex. Crim. App. 1994). We have reviewed the clerk's record and the reporter's record for issues over which appellate jurisdiction might exist, and have found no arguable error requiring us to order appointment of new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM



Submitted on October 22, 2001

Opinion Delivered November 7, 2001

Do Not Publish



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

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