Opinion
No. 10-03-059-CR.
Opinion delivered and Filed March 5, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
From the 179th District Court, Harris County, Texas, Trial Court # 873,550.
Before Chief Justice DAVIS and Justices VANCE and GRAY.
MEMORANDUM OPINION
Emanuel Bernard Hampton pleaded guilty to aggravated sexual assault. Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed him on unadjudicated community supervision for eight years. The court subsequently adjudicated his guilt and sentenced him to eight years imprisonment and a $1,250 fine. Hampton timely filed a pro se notice of appeal which on its face complies with former Rule of Appellate Procedure 25.2(b)(3). See TEX. R. APP. P. 25.2(b)(3), 948-949 S.W.2d (Tex. Cases) xcvi (Tex.Crim.App. 1997, amended 2002) (hereinafter, "TEX. R. APP. P. 25.2(b)(3)"); Woods v. State, 68 S.W.3d 667, 669 (Tex.Crim.App. 2002). A notice of appeal governed by former Rule 25.2(b)(3) must comply with the rule in form and substance to properly invoke this Court's jurisdiction. Brown v. State, 53 S.W.3d 734, 739 (Tex.App.-Dallas 2001, pet. ref'd); Flores v. State, 43 S.W.3d 628, 629 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Betz v. State, 36 S.W.3d 227, 228-29 (Tex.App.-Houston [14th Dist.] 2001, no pet.). Hampton states that he intends to complain on appeal regarding: (1) a jurisdictional defect; (2) the court's ruling on written pre-trial motions; and (3) issues on which the court granted permission to appeal. See TEX. R. APP. P. 25.2(b)(3). However, the record belies his stated intentions. The record demonstrates that the court had jurisdiction over Hampton's person and over the felony charge of which he was convicted. Hampton filed no "pre-trial" motions prior to the hearing on the State's motion to adjudicate his guilt. The court's judgment recites, "No permission to appeal granted." Hampton's notice of appeal does not comply in substance with the requirements of former Rule 25.2(b)(3). Accordingly, we dismiss his appeal for want of jurisdiction. See Brown, 53 S.W.3d at 739; Flores, 43 S.W.3d at 629-30.