Opinion
No. 05-01-01524-CR.
Opinion Issued April 14, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.
Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F94-56499-SI. Dismissed.
Before Justices MORRIS, WHITTINGTON, and FRANCIS.
OPINION
In this appeal, Marshall Dewayne Wright complains that portions of the court reporter's record have been lost or destroyed. We dismiss the appeal for want of jurisdiction. On September 13, 1995, appellant entered a guilty plea to charges of felony driving while intoxicated. He was sentenced to five years' confinement, probated for five years, and a $750 fine. On June 5, 1998, he pleaded true to allegations that he had violated his probation conditions, and the trial court extended his probation for an additional five years. On August 20, 2001, he again pleaded true to allegations that he had violated his probation conditions. The trial court revoked his probation and sentenced him to five years' confinement. This appeal followed. Appellant complains in his sole point of error that he is entitled to a new trial because a portion of the court reporter's record has been lost or destroyed through no fault of his own. On March 4, 2002, this Court adopted the trial court's finding that the notes of the September 1995 hearing had been destroyed. On September 12, 2002, we concluded that the court reporter's record from the June 1998 hearing had been lost or destroyed. Later, after receiving the record from the June 1998 hearing, we vacated the September 12 order and ordered that the reporter's record from the June 5, 1998 hearing is considered properly filed with the Court. In his brief, appellant contends that without a reporter's record from the June 1998 and September 1995 hearings, it is difficult to determine whether his guilty plea was entered pursuant to a plea bargain and whether it was made freely, knowingly, and voluntarily. To the extent appellant complains about the lack of a record from the June 1998 hearing, his complaint is moot. Moreover, his arguments clearly pertain to the original plea. This Court has no jurisdiction to address appellant's complaints because his notice of appeal was filed on September 4, 2001 — after his probation was finally revoked and nearly six years after the entry of his guilty plea. See Davis v. State, 977 S.W.2d 859, 861 (Tex.App.-Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.