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Lopez v. State

The notice of appeal is not sufficient to confer jurisdiction on the appellate court to consider the appeal on its merits; the notice of appeal does not specify that the appeal is for a jurisdictional defect.

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OPINION

Joseph Lopez appeals from his conviction for indecency with a child. Lopez was convicted on his plea of guilty pursuant to a plea bargaining agreement, and sentenced in accordance with that agreement to ten years’ imprisonment, to run concurrently with a sentence in another conviction. Lopez filed a general Notice of Appeal claiming that he did not understand the terms of the plea bargaining agreement and that his plea was thus not voluntary. Our appellate jurisdiction has been invoked by Lopez’s timely Notice of Appeal, see State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000), at least to the extent that we must determine if we have jurisdiction. State v. Roberts, 940 S.W.2d 655, 657 (Tex. Crim. App. 1996).

Tex. R. App. P. 25.2 states that in an appeal from a conviction pursuant to a plea bargaining agreement, the notice of appeal must specify that the substance of the appeal is for a jurisdictional defect, was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. That rule limits the jurisdiction of this court to hear only certain issues in the context of a plea bargaining agreement. See Cooper v. State, 45 S.W.3d 77, 83 (Tex. Crim. App. 2001).

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