James Michael McNeal v. The State of Texas--Appeal from Criminal District Court of Jefferson County

State: Texas

Court: Texas Northern District Court

Docket No: 09-01-00483-CR

Case Date: 09/18/2002

Plaintiff: James Michael McNeal

Defendant: The State of Texas--Appeal from Criminal District Court of Jefferson County

Preview:James Michael McNeal v. The State of Texas--Appeal from Criminal District Court of Jefferson County
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-01-483 CR ____________________ JAMES MICHAEL MCNEAL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 84309 MEMORANDUM OPINION James Michael McNeal pleaded guilty to the offense of theft of property of a value of $1,500 or more but less than $20,000. See Tex. Pen. Code Ann. 31.03(a),(e)(4) (Vernon Supp. 2002). Prior sequenced felony convictions elevated the punishment range to that of a second degree felony. See Tex. Pen. Code Ann. 12.42(a)(2) (Vernon Supp. 2002). Following a plea bargain agreement between McNeal and the State, the trial court sentenced McNeal to four 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 2, 2002, McNeal 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 McNeal 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). (1) 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). McNeal 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Submitted on September 12, 2002 Opinion Delivered September 18, 2002 Do Not Publish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.

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1. The notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the 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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