Court of Civil Appeals of Texas, 2002

Joshua Lee Daniels v. State

Joshua Lee Daniels v. State
Court of Civil Appeals of Texas · Decided October 30, 2002

Joshua Lee Daniels v. State

Opinion

Joshua Lee Daniels v. State

WITHDRAWN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Do not publish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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