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Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 8, 2004
Nos. 04-03-00082-CR, 04-03-00083-CR, 04-03-00084-CR (Tex. App. Dec. 8, 2004)

Opinion

Nos. 04-03-00082-CR, 04-03-00083-CR, 04-03-00084-CR

Delivered and Filed: December 8, 2004. DO NOT PUBLISH.

Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2002-CR-6443, 2002-CR-6444 2002-CR-6445, Honorable Mark Luitjen, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


In 2002, defendant, Rosemary Garcia, pled guilty to three counts of forgery, habitual, pursuant to a plea bargain, and the trial court assessed punishment at three concurrent sentences of ten years' confinement and a $1000 fine. Defendant filed a general notice of appeal. Defendant's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeals are without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). Defendant was informed of her right to review the record. Counsel provided defendant with a copy of the brief and advised her of her right to file a pro se brief. Defendant has not filed a brief. Defendant's notice of appeal did not state: (1) the appeal is for a jurisdictional defect; (2) the substance of the appeal was raised by written motion and ruled on before trial; or (3) the trial court granted permission to appeal. See Tex.R.App.P. 25.2(b)(3) (rule in effect at time defendant filed notice of appeal). Because defendant filed a general notice of appeal, we dismiss the appeals for lack of jurisdiction. See Griffin v. State, No. 1092-03, 2004 WL 2179518 (Tex.Crim.App. Sept. 29, 2004); Cooper v. State, 45 S.W.3d 77 (Tex.Crim.App. 2001); Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999); Pearson v. State, 994 S.W.2d 176 (Tex.Crim.App. 1999); Watson v. State, 924 S.W.2d 711, 714-15 (Tex.Crim.App. 1996); Martinez v. State, 5 S.W.3d 722, 724-25 (Tex.App.-San Antonio 1999, no pet.); see also former Tex.R.App.P. 25.2(b)(3). We GRANT appellate counsel's request to withdraw. Nichols v. State, 954 S.W.2d 83, 86 (Tex.App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.).


Summaries of

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 8, 2004
Nos. 04-03-00082-CR, 04-03-00083-CR, 04-03-00084-CR (Tex. App. Dec. 8, 2004)
Case details for

Garcia v. State

Case Details

Full title:ROSEMARY GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Dec 8, 2004

Citations

Nos. 04-03-00082-CR, 04-03-00083-CR, 04-03-00084-CR (Tex. App. Dec. 8, 2004)