Adolfo Moran v. The State of Texas--Appeal from 390th District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-04-00159-CR

Case Date: 11/10/2005

Plaintiff: UBENSE FONSECA

Defendant: THE STATE OF TEXAS--Appeal from 28th District Court of Nueces County

Preview:Robert Dale Fuller v. State of Texas--Appeal from 290th Judicial District Court of Bexar County
No. 04-01-00230-CR Robert Dale FULLER, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-3663 Honorable Sharon MacRae, Judge Presiding PER CURIAM Sitting: Phil Hardberger, Chief Justice Tom Rickhoff, Justice Karen Angelini, Justice Delivered and Filed: September 26, 2001 APPEAL DISMISSED FOR LACK OF JURISDICTION Appellant's motion for rehearing is granted. We withdraw our opinion and judgment of July 5, 2001, and substitute this opinion and judgment in their place. Robert Dale Fuller pleaded nolo contendere to a possession of child pornography charge. Pursuant to a plea bargain, the trial court imposed sentence on January 25, 2001. Fuller filed a notice of appeal, alleging a jurisdictional defect namely that he involuntarily entered his plea. When a judgment is rendered on the defendant's plea of guilty or nolo contendere pursuant to a plea bargain in a felony case, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the defendant's notice of appeal must: (a) specify that the appeal is for a jurisdictional defect; (b) indicate that the substance of the appeal was raised by written motion and ruled on before trial; or (c) state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000). This court's jurisdiction is limited to consideration of the matters set forth in the rule. See Cooper v. State,45 S.W.3d 77, 77 (Tex. Crim. App. 2001)(holding that a plea-bargaining defendant may not appeal the voluntariness of his plea). On August 6, 2001, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because of his non-compliant notice of appeal. On August 20, 2001, appellant responded to our order. In his response, Fuller concedes that this court does not have jurisdiction to review his voluntariness issue. See Cooper,45 S.W.3d at 77. Accordingly, Fuller's appeal is dismissed for want of jurisdiction. PER CURIAM DO NOT PUBLISH

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