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Taplin v. State

Texas Rule of Appellate Procedure 25.2(b)(3) does not limit the right to appeal whenever there is a bargained guilty plea, but only when "the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant."

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Appellant Otis Derrick Taplin pleaded guilty to possessing more than four grams of cocaine with intent to deliver. See Tex. Health & Safety Code Ann. � 481.112(a), (d) (West Supp. 2001). The district court assessed punishment at imprisonment for thirty years. Appellant’s only point of error is that the court should have granted his request to withdraw the guilty plea. The State urges that we do not have jurisdiction to consider this contention. We conclude that we do have jurisdiction and that the district court did not abuse its discretion by refusing to permit appellant to withdraw his plea. Therefore, we will affirm the conviction.

Jurisdiction

The State argues that appellant’s general notice of appeal does not invoke this Court’s jurisdiction under the terms of Texas Rule of Appellate Procedure 25.2(b)(3). Under this rule, a defendant who pleads guilty to a felony has a limited right to appeal if “the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant.” Tex. R. App. P. 25.2(b)(3). If the notice of appeal in such a case does not state that the appeal falls within one of three permitted categories, it does not invoke the appellate court’s jurisdiction. Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.-Austin 2001, no pet.); see also Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001) (rule 25.2(b) limits every appeal in plea bargain, felony case).

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