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Pickens v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 14, 2003
No. 05-02-01243-CR (Tex. App. Feb. 14, 2003)

Opinion

No. 05-02-01243-CR.

Opinion Filed February 14, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.

Appeal from the 292n Judicial District Court, Dallas County, Texas, Trial Court Cause No. F01-32755-NV. DISMISS.

Before Justices WRIGHT, FITZGERALD, and LANG.


MEMORANDUM OPINION


John Fitzgerald Pickens appeals his conviction for murder. Appellant entered a negotiated guilty plea to the charge. The trial court found appellant guilty, and, following the plea bargain agreement, assessed punishment at twenty-five years' imprisonment. Appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response. Appellant, however, did not file a pro se response. Because appellant was convicted pursuant to a plea bargain, his notice of appeal had to state the appeal was for a jurisdictional defect, a matter raised by written motion and ruled on before trial, or the trial court gave permission to appeal. See Tex. R. App. P. 25.2(b)(3). Appellant's notice of appeal did not meet these requirements. Thus, he only filed a general notice of appeal. See Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App. 1994). A general notice of appeal does not invoke this Court's jurisdiction to consider this appeal. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Because there is nothing presented over which we have jurisdiction, we dismiss this appeal for want of jurisdiction.


Summaries of

Pickens v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 14, 2003
No. 05-02-01243-CR (Tex. App. Feb. 14, 2003)
Case details for

Pickens v. State

Case Details

Full title:JOHN FITZGERALD PICKENS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 14, 2003

Citations

No. 05-02-01243-CR (Tex. App. Feb. 14, 2003)