Nothrington v. State
Decision Date | 08 February 2001 |
Citation | 43 S.W.3d 546 |
Parties | (Tex.App.-Fort Worth 2001) DENISE EVANS NORTHINGTON APPELLANT v. THE STATE OF TEXAS STATE NO. 2-00-270-CR |
Court | Texas Court of Appeals |
PANEL D: CAYCE, C.J.; DAY and GARDNER, JJ.
Denise Evans Northington appeals from the trial court's judgment adjudicating her guilt for the offense of possession of a controlled substance, dihydrocodeinone, by fraud. We dismiss the appeal for want of jurisdiction.
On October 21, 1999, pursuant to a plea bargain agreement, appellant pleaded guilty to the offense and was placed on two years' deferred adjudication community supervision. On May 31, 2000, the State filed a petition to proceed to an adjudication of guilt, alleging appellant had violated certain conditions of her community supervision. On July 6, 2000, appellant pleaded not true to the allegations in the petition, but, after a hearing, the trial court adjudicated appellant guilty of the offense and assessed punishment at five years' imprisonment. Following the adjudication proceeding, appellant filed a motion for new trial and a general notice of appeal.
On November 1, 2000, we sent a letter to appellant's counsel directing him to submit a letter brief identifying the issues or points to be raised on appeal and explain why those issues or points warrant continuation of the appeal, notwithstanding the jurisdictional limitations of rule 25.2(b)(3) and article 42.12, section 5(b). Tex. R. App. P. 25.2(b)(3) ( ); Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2001) ( ). In response, appellant's counsel urges that appellant may complain of jurisdictional defects and the involuntariness of her plea. We disagree.
In Villanueva v. State, 977 S.W.2d 693 (Tex. App.--Fort Worth 1998, no pet.), we held:
To invoke this court's jurisdiction over an appeal from a negotiated- guilty plea, a notice of appeal must expressly specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised in writing and ruled on before trial, or state that the trial court granted permission.
Id. at 695; see also Tex. R. App. P. 25.2(b)(3); Hulshouser v. State, 967 S.W.2d 866, 868 ( ); Williams v. State, 962 S.W.2d 703, 704-05 (Tex. App.--Fort Worth 1998, no pet.) (op. on PDR). We further held that these requirements must be met to challenge the voluntariness of a plea. Villanueva, 977 S.W.2d at 696. But see Marshall v. State, 28 S.W.3d 634, 637 (Tex. App.--Corpus Christi 2000, no pet.); Perez v. State, 28 S.W.3d 627, 632 (Tex. App.--Corpus Christi 2000, no pet.); Lopez v. State, 25 S.W.3d 926, 928 (Tex. App.--Houston [1st Dist.] 2000, no pet.); Moore v. State, 4 S.W.3d 269, 272 (Tex. App.--Houston [14th Dist.] 1999, no pet.); Minix v. State, 990 S.W.2d 922, 923 (Tex. App.--Beaumont 1999, pet. ref'd); Price v. State, 989 S.W.2d 435, 437 (Tex. App.--El Paso 1999, pet. ref'd); Hernandez v. State, 986 S.W.2d 817, 820 (Tex. App.--Austin 1999, pet. ref'd); Vidaurri v. State, 981 S.W.2d 478, 479 (Tex. App.--Amarillo 1998, pet. granted); Johnson v. State, 978 S.W.2d 744, 746 (Tex. App.--Eastland 1998, no pet.); Session v. State, 978 S.W.2d 289, 291-92 (Tex. App.--Texarkana 1998, no pet.); Rigsby v. State, 976 S.W.2d 368, 369 n.1 (Tex. App.--Beaumont 1998, no pet.). Moreover, in a recent case involving a challenge to the voluntariness of an original plea, the court of criminal appeals reaffirmed that an appellant placed on deferred adjudication must appeal issues relating to the original proceeding when deferred adjudication is first...
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Martinez v. State
...must be met to challenge the voluntariness of a plea. Villanueva, 977 S.W.2d at 696; see also Northington v. State, 43 S.W.3d 546, 548 (Tex.App.--Fort Worth 2001, pet. filed). Moreover, the court of criminal appeals has recently resolved the long-standing division on the voluntariness issue......
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Northington v. State
...appellant's general notice of appeal failed to comply with the requirements of appellate rule 25.2(b)(3). Northington v. State, 43 S.W.3d 546, 548 (Tex.App.-Fort Worth 2001); see also Tex.R.App. P. 25.2(b)(3) (providing that in appeal from negotiated plea, notice must specify that appeal is......
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