Jonathan Beard v. The State of Texas--Appeal from 364th District Court of Lubbock County

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State: Texas

Court: Texas Northern District Court

Docket No: 07-07-00125-CR

Case Date: 11/29/2007

Plaintiff: PEDRO ROJAS

Defendant: THE STATE OF TEXAS--Appeal from 347th District Court of Nueces County

Preview:PEDRO ROJAS v. THE STATE OF TEXAS--Appeal
from 347th District Court of Nueces County
NUMBER 13-02-122-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
PEDRO ROJAS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 347th District Court
of Nueces County, Texas.
O P I N I O N
Before Justices Dorsey, Hinojosa, and Rodriguez
Opinion by Justice Rodriguez
In February 2002, pursuant to a plea agreement, appellant, Pedro Rojas, pled guilty to the offense of burglary of a
habitation with intent to commit theft. The trial court accepted appellant=s plea and, in accordance with the plea
agreement, sentenced appellant to two years in the Institutional Division of the Texas Department of Criminal Justice.
Appellant=s counsel has filed a brief in which he concluded this appeal is wholly frivolous and without merit. The
brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), as it presents a professional evaluation of
why there are no arguable grounds for advancing an appeal. See Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim.
App. 1991); High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel certifies in his brief that he served
appellant with a copy of the brief and informed appellant of his right to examine the appellate record and to file a pro
se brief. No such brief has been filed.
Upon receiving an Anders brief, an appellate court must conduct Aa full examination of all proceedings to decide
whether the case is wholly frivolous.@ Penson v. Ohio, 488 U.S. 75, 80 (1988). We have carefully reviewed the record
in this appeal and, finding nothing that would arguably support an appeal in this cause, agree that this appeal is wholly
frivolous and without merit. See Stafford, 813 S.W.2d at 511.
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Furthermore, because the trial court sentenced appellant in accordance with a plea bargain agreement, appellant was
required to comply with the additional notice requirements of rule 25.2(b)(3). Rule 25.2(b)(3) requires a defendant,
appealing from a plea bargained conviction, to file a notice of appeal stating the appeal is for a jurisdictional defect,
from a ruling on a pre-trial motion, or show that the trial court granted appellant permission to appeal. Tex. R. App. P.
25.2(b)(3); White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001). Appellant=s notice of appeal did not allege
any of the additional notice requirements of rule 25.2(b)(3).
We conclude we are without jurisdiction. See Tex. R. App. P. 25.2(b)(3); White, 61 S.W.3d at 428. Accordingly, we
dismiss this appeal for want of jurisdiction.
NELDA V. RODRIGUEZ
Justice
Do not publish.
Tex. R. App. P.47.3.
Opinion delivered and filed
this 29th day of August, 2002.
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