Appellant Dennis Wayne Bruton pleaded guilty, pursuant to a plea bargain, to the first degree felony offense of burglary of a habitation, repeat felony offender. See Tex. Pen. Code § 30.02 (Vernon Supp. 2002). In accordance with a plea agreement that the punishment would not exceed thirty-five years imprisonment, the trial court sentenced Bruton to thirty-five years in the Texas Department of Criminal Justice--Institutional Division.

Appellate counsel filed a brief that concludes no arguable error is presented in the appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 21, 2002, Bruton was given an extension of time in which to file a pro se brief. He filed his pro se brief, and on appeal contends the trial court erred in denying a motion to dismiss based on the lack of a speedy trial.

Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure controls the disposition of this case. If the appeal is from a judgment rendered on the defendant's plea of guilty, pursuant to a plea bargain, and the punishment assessed by the trial court does not exceed the punishment recommended in the plea agreement, the defendant's notice of appeal must specify 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 state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Bruton's notice of appeal is a general notice and does not serve to invoke the jurisdiction of the court. See White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001) ("If the jurisdiction of a court of appeals is not properly invoked, the power of the appellate court to act is as absent as if it did not exist."). There is no written motion in the clerk's record regarding a speedy trial claim; the reporter's record reveals that any oral motion raising such a claim pertained to another case against Bruton that the trial court heard on the same date. The general notice of appeal does not specify that the appeal was raised by a written motion and ruled on before trial, and does not specify any of the other matters set out in Rule 25.2(b)(3). The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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DAVID B. GAULTNEY

Justice

Submitted on August 9, 2002

Opinion Delivered August 14, 2002

Do Not Publish

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