Elizabeth Urban v. Kathleen E. Viesca, Guardian of the Estate of Mary Lou Heep Henderson--Appeal from Probate Court No. 1 of Travis County

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Laws-info.com » Cases » Texas » 3rd District Court of Appeals » 1993 » Elizabeth Urban v. Kathleen E. Viesca, Guardian of the Estate of Mary Lou Heep Henderson--Appeal from Probate Court No. 1 of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-93-00128-CV

Case Date: 11/24/1993

Plaintiff: Rickey T. Terry

Defendant: Brenda Gail Terry--Appeal from County Court at Law No 2 of Smith County

Preview:Emmanuel J. Boswell v. State of Texas--Appeal from
Criminal District Court of Jefferson County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-01-351 CR
EMMANUEL J. BOSWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 80911
MEMORANDUM OPINION
Emmanuel J. Boswell pleaded no contest to the first degree felony offense of aggravated robbery. See Tex. Pen. Code
Ann. 29.03(a)(2) (Vernon 1994). Following a plea bargain agreement between Boswell and the State, (1) the trial court
sentenced Boswell to ten years of confinement in the Texas Department of Criminal Justice, Institutional Division.
Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On
May 30, 2002, Boswell was given an extension of time in which to file a pro se brief. We received no response from
the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this
memorandum opinion. See Tex. R. App. P. 47.1.
The general notice of appeal filed by Boswell failed to invoke our appellate jurisdiction. White v. State, 61 S.W.3d
424, 428-29 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 78 (Tex. Crim. App. 2001). (2)
We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order
appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Boswell raises
no points of error over which we have jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Submitted on September 12, 2002
Opinion Delivered September 18, 2002
Do Not Publish
Before Walker, C.J., Burgess and Gaultney, JJ.
1. The "Agreed Punishment Recommendation" limited the upper range of punishment to 10 years of confinement in the
Texas Department of Criminal Justice, Institutional Division, and called for the dismissal of another indictment. These
circumstances establish the existence of a plea bargain agreement as to the punishment to be assessed by the trial court.
See Delatorre v. State, 957 S.W.2d 145 (Tex. App.-Austin 1997, pet. ref'd).
2. The notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the
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appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal. Tex.
R. App. P. 25.2(b)(3).
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