Joseph Michael Wilson v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00044-CR Joseph Michael Wilson, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 51,428, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING Appellant Joseph Michael Wilson pleaded guilty to murder. See Tex. Pen. Code Ann. § 19.02(b)(2) (West 1994). The district court adjudged him guilty and assessed punishment at imprisonment for forty years, as called for in a plea bargain agreement. As part of his plea bargain, appellant promised not to appeal. This promise is binding when, as here, the court follows the agreed punishment recommendation. Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). Furthermore, appellant's general notice of appeal does not comply with Texas Rule of Appellate Procedure 25.2(b)(3) and thus does not invoke this Court's jurisdiction. Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.--Austin 2001, no pet.); see Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001) (rule 25.2(b) limits every appeal in a plea bargain, felony case). The appeal is dismissed for want of jurisdiction. Jan P. Patterson, Justice Before Justices Kidd, Patterson and Puryear Dismissed for Want of Jurisdiction Filed: February 7, 2002 Do Not Publish