Joshua Lee Daniels v. State
Joshua Lee Daniels v. State
Opinion
WITHDRAWN
12/31/02
IN THE
TENTH COURT OF APPEALS
No. 10-02-128-CR
JOSHUA LEE DANIELS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court # 01-018-CR
MEMORANDUM OPINION
Pursuant to a plea agreement, the court placed Joshua Lee Daniels on deferred adjudication community supervision for the offense of indecency with a child. On April 1, 2002, the court adjudicated Daniels’s guilt and sentenced him to fifteen years’ imprisonment. Daniels filed a general notice of appeal.
To properly invoke the jurisdiction of this Court over an appeal from a negotiated guilty plea, an appellant must file a notice of appeal which complies with Rule of Appellate Procedure 25.2(b)(3). White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(b)(3). This rule applies with equal force to “an appeal, made either before or after an adjudication of guilt, by a defendant placed on deferred adjudication who challenges an issue relating to his conviction.” Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002).
Daniels’s general notice of appeal does not comply with Rule 25.2(b)(3). Accordingly, we dismiss his appeal for want of jurisdiction.
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Appeal dismissed for want of jurisdiction
Opinion delivered and filed October 30, 2002
Do not publish
[CR25]
sdiction.
Because the majority publishes a meaningless “order” rather than dismissing this appeal for want of jurisdiction, I respectfully dissent.
TOM GRAY
Justice
Dissenting opinion delivered and filed December 11, 2002
Publish
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