Opinion
No. 05-02-01822-CR; No. 05-02-01823-CR; No. 05-02-01824-CR; No. 05-02-01825-CR
Opinion Filed June 24, 2003 Do Not Publish
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F02-16030-IR, F02-16037-IR, F02-16038-IR, F02-16039-IR. DISMISS
Before Chief Justice THOMAS AND Justices WHITTINGTON and RICHTER.
OPINION
Jose Juan Garcia appeals four convictions for aggravated sexual assault of a child under fourteen years. See Tex. Pen. Code Ann. § 22.021 (Vernon 2003). Appellant waived a jury trial and entered a negotiated guilty plea in each case. Pursuant to the plea bargain agreements, the trial court sentenced appellant to twenty-five years' confinement and a $1500 fine in each case. In a single point of error, appellant contends the trial court failed to ascertain whether the interpreter was a certified interpreter. The State responds that we do not have jurisdiction over the appeals, and, alternatively, appellant failed to preserve the alleged error for appellate review. We agree we do not have jurisdiction over the appeals. A defendant in a plea-bargained, felony case must file a notice of appeal that states: (1) the appeal was for a jurisdictional defect; (2) the substance of the appeal was raised by written motion and ruled on before trial; or (3) the trial court granted permission to appeal. See Tex.R.App.P. 25.2(b)(3) (former rule); Cooper v. State, 45 S.W.3d 77, 83 (Tex.Crim.App. 2001); Trollinger v. State, 987 S.W.2d 166, 167 (Tex.App.-Dallas 1999, no pet.). Appellant filed a general notice of appeal in each case, which does not give us jurisdiction to address his complaint. We dismiss the appeals for want of jurisdiction.
Rule 25.2(b) was amended to delete the provisions of subsection (b)(3), effective January 1, 2003. Because appellant filed his notices of appeal in each case before January 1, 2003, we apply former rule 25.2(b)(3), which was in effect at the time appellant filed his notices of appeal.