John Criado v. Noel H. Jaimes

IN THE TENTH COURT OF APPEALS No. 10-06-00052-CV John Criado, Appellant v. Noel H. Jaimes, Appellee From the 19th District Court McLennan County, Texas Trial Court No. 2005-1475-1 nOTICE OF INTENT TO DISMISS APPEAL We have been notified that this appeal was successfully mediated but have not received the settlement papers or a motion to dismiss the appeal. We have now received a motion by the appellant’s attorney seeking to be allowed to withdraw as counsel for the appellant. The motion indicates that counsel also believes the matter was settled at mediation but that he has been unable to establish communication with his client subsequent to the date the mediation was held. Mr. John Criado, you – not your attorney Stuart Smith – have fourteen days in which to file a response to Smith’s motion to withdraw as your counsel (1) explaining why the motion should not be granted; and (2) why this appeal should not be dismissed for want of prosecution. The response to this order must be served upon Noel Jaimes’s attorney of record, and upon Stuart Smith in accordance with the service procedures specified in the Texas Rules of Appellate Procedure. Tex. R. App. P. 9.5. Mr. John Criado, you are hereby notified your failure to file a response to this order is an independent ground for dismissal of your appeal. Tex. R. App. P. 42.3(c). Stuart Smith’s motion to withdraw as counsel is taken under advisement pending the response to the above-referenced response ordered from Mr. John Criado. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna (Justice Vance declined participation in this order) Response ordered Notice issued and filed July 12, 2006 60;In 1993, Appellant Derek Tressler pleaded guilty to aggravated sexual assault of a child and indecency with a child. See Tex. Pen. Code Ann. § 21.11(a)(1) (Vernon 1994), § 22.021(a)(1)(B)(i), (2)(B) (Vernon Supp. 1999). Pursuant to a plea agreement, the court placed Tressler on deferred adjudication probation for ten years on the aggravated sexual assault charge. In August 1998, the State filed a motion to adjudicate Tressler’s guilt. He pleaded true to the allegations of the motion in a hearing on December 1, and the court adjudicated him guilty of aggravated sexual assault and sentenced him to ten years’ imprisonment. Tressler filed a general notice of appeal on December 8. An appellant who has pleaded guilty in exchange for deferred adjudication probation must comply with appellate rule 25.2(b)(3) when he seeks to appeal a subsequent adjudication and sentencing. See Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996) (applying former appellate rule 40(b)(1)); Tex. R. App. P. 25.2(b)(3). Tressler’s general notice of appeal does not comply with this rule. We notified him of this defect by letter dated January 27, 1999. See Tex. R. App. P. 25.2(d). He has not responded to our letter by filing an amended notice of appeal in compliance with rule 25.2(b)(3). Because Tressler’s notice of appeal does not comply with rule 25.2(b)(3), we do not have jurisdiction over this appeal. See Okigbo v. State, 960 S.W.2d 923, 925 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d); Carothers v. State, 928 S.W.2d 315, 317 (Tex. App.—Beaumont 1996, pet. ref’d). Accordingly, we dismiss this appeal for want of jurisdiction. PER CURIAM Before Chief Justice Davis, Justice Vance, and Justice Gray Appeal dismissed Opinion delivered and filed February 24, 1999 Publish