Court of Civil Appeals of Texas, 2003

Winston E. Robinson, III v. State

Winston E. Robinson, III v. State
Court of Civil Appeals of Texas · Decided April 24, 2003

Winston E. Robinson, III v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-02-479 CR

____________________



WINSTON E. ROBINSON III, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 77001




MEMORANDUM OPINION (1)

On April 9, 2003, the State of Texas filed a motion to dismiss for lack of jurisdiction the appeal of Winston E. Robinson III. The appellant did not respond to the motion or otherwise identify any issues unrelated to the conviction that may be raised on appeal. This is an appeal from a felony case in which the trial court followed the plea bargain agreement as to punishment. The notice of appeal did not comply with the mandatory notice requirements for appeals in plea-bargained felony cases. See Tex. R. App. P. 25.2(b)(3). Although a general notice of appeal invokes the Court's jurisdiction to consider appealable matters unrelated to the conviction, no appealable issue has been raised in response to the State's motion to dismiss. Compare, Vidaurri v. State, 49 S.W.3d 880 (Tex. Crim. App. 2001). The Court finds that the notice of appeal filed by the appellant did not invoke this Court's appellate jurisdiction. See White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). Accordingly, the State's motion to dismiss is GRANTED and the appeal is therefore dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM



Opinion Delivered April 24, 2003

Do Not Publish



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

1. Tex. R. App. P. 47.4.

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