State v. Thomas Franklin Unger ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00116-CR

The State of Texas,

                                                                      Appellant

 v.

Thomas Franklin Unger,

                                                                      Appellee

From the County Court at Law

McLennan County, Texas

Trial Court No. 2004-3937-CR1

MEMORANDUM  Opinion

          For the reasons stated in State v. Stanley, No. 10-05-00101-CR (Tex. App.—Waco July 27, 2005, no pet. h.) (per curiam), this appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Appeal dismissed

Opinion delivered and filed July 27, 2005

Do not publish

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’s guilt and sentenced him to one year of confinement in a state jail. Hebert 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).

      Hebert’s general notice of appeal does not comply with Rule 25.2(b)(3). Although he filed a request for permission to appeal, the record does not reflect that the trial court considered or ruled on this request. 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Do not publish

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