TEXAS DEPARTMENT OF PUBLIC SAFETY v. FRANK J. SCANIO, III--Appeal from County Court of Refugio County

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State: Texas

Court: Texas Northern District Court

Docket No: 13-02-00678-CV

Case Date: 12/22/2004

Plaintiff: TEXAS DEPARTMENT OF PUBLIC SAFETY

Defendant: FRANK J. SCANIO, III--Appeal from County Court of Refugio County

Preview:Michael D. Bonnet v. State of Texas--Appeal from 226th
Judicial District Court of Bexar County
Nos. 04-00-00846-CR; 04-00-00847-CR; 04-00-00848-CR;
04-00-00849-CR; 04-00-00850-CR
Michael BONNET,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-2560
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Tom Rickhoff , Justice
Karen Angelini, Justice
Delivered and Filed: May 31, 2001
DISMISSED FOR LACK OF JURISDICTION
Michael Bonnet pleaded guilty to five counts of aggravated robbery. Pursuant to a plea bargain agreement, the trial
court sentenced him to twenty five years imprisonment for each offense, with his sentences to run concurrently. Bonnet
filed general notices of appeal.
When a judgment is rendered on a defendant's plea of guilty pursuant to a plea bargain in a felony case, and the
punishment does not exceed that recommended by the prosecutor and agreed to by the defendant, the defendant's
notice of appeal must: (1) articulate that the appeal is for a jurisdictional defect; (2) specify that the substance of the
appeal was raised by written motion and ruled on before trial; or (3) 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). A timely notice of
appeal that complies with Rule 25.2(b)(3) is necessary to this court's jurisdiction, which is limited to those issues
concerning the trial court's jurisdiction. See Tex. R. App. P. 25.2(b)(3); Cooper v. State, No. 1100-99, slip op. at 6-7,
2001 WL 321579, at *1 (Tex. Crim. App. Apr. 4, 2001); State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000).
Under a general notice of appeal, we may review only those issues concerning the trial court's jurisdiction. See
Martinez v. State, 5 S.W.3d 722, 724-25 (Tex. App.-San Antonio 1999, no pet.).
Rule 25.2(b)(3) applies to Bonnet's appeal. However, his notices of appeal are general and do not comply with the rule.
This court, therefore, requested Bonnet to submit a letter brief identifying those issues or points to be raised on appeal
and to explain why those issues or points warranted continuation of his appeal.
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Bonnet responded to this court's order on May 11, 2001. In his response, he indicated that he would be raising the
following issues in his appeal: the voluntariness of his plea; that the district attorney breached the plea agreement; and
that "but-for the 'misinforming, inept Counsel,' he would not have entered his plea."
We do not have jurisdiction to review these issues. See Tex. R. App. P. 25.2(b)(3); Cooper, 2001 WL 321579 (holding
voluntariness of plea may not be raised on appeal from plea-bargained, felony conviction). We, therefore, dismiss
Bonnet's appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
file:///C|/Users/Peter/Desktop/opinions/PDFs1/13973.html[8/20/2013 7:33:47 PM]

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