Francisco Javier Casas v. State of Texas

Francisco Javier Casas v. State of Texas IN THE TENTH COURT OF APPEALS No. 10-00-234-CR FRANCISCO JAVIER CASAS, Appellant v. THE STATE OF TEXAS, Appellee From the 182nd District Court Harris County, Texas Trial Court # 9414915 MEMORANDUM OPINION Francisco Javier Casas pleaded nolo contendere to sexual assault of a child, and, pursuant to a plea agreement, the court deferred an adjudication of guilt and placed him on community supervision for eight years. After a contested hearing, the court adjudicated Casas’s guilt and sentenced him to ten years’ imprisonment. Casas filed a general notice of appeal. An appellant who has pleaded nolo contendere in exchange for deferred adjudication must comply with appellate rule 25.2(b)(3) when he seeks to appeal a subsequent adjudication and sentencing. See Craddock v. State, No. 10-00-231-CR, slip op. at 2, 2000 Tex. App. LEXIS 7642, at *1-2 (Tex. App.—Waco Nov. 8, 2000, no pet. h.); see also Manuel v. State, 994 S.W.2d 658, 662 (Tex. Crim. App. 1999); Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996) (both applying former appellate rule 40(b)(1)). Casas’s general notice of appeal does not comply with this rule. Because Casas’s notice of appeal does not comply with rule 25.2(b)(3), we do not have jurisdiction over this appeal. See Craddock, No. 10-00-231-CR, slip op. at 2, 2000 Tex. App. LEXIS 7642, at *1-2; Okigbo v. State, 960 S.W.2d 923, 925 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d). The time for perfecting his appeal has elapsed, so this defect cannot be corrected. See State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000); Craddock, No. 10-00-231-CR, slip op. at 4, 2000 Tex. App. LEXIS 7642, at *5-6. Accordingly, we dismiss this appeal for want of jurisdiction. REX D. DAVIS Chief Justice Before Chief Justice Davis, Justice Vance, and Justice Gray (Justice Vance concurring) Appeal dismissed Opinion delivered and filed November 22, 2000 Publish