Sanchezv.State

Court of Appeals of Texas, Fourth District, San AntonioMay 16, 2001
53 S.W.3d 684 (Tex. App. 2001)

No. 04-00-00066-CR

Delivered and Filed: May 16, 2001 Discretionary Review Refused October 10, 2001

Appeal from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 1998-CR-3986, Honorable Sid L. Harle, Judge Presiding.

Richard E. Langlois, Law Office of Richard E. Langlois, San Antonio, for appellant.

Mary Beth Welsh, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Sitting: Tom RICKHOFF, Justice, Alma L. LOPEZ, Justice, Sarah B. DUNCAN, Justice.


Appellant pled guilty, with a plea recommendation, to making or possessing counterfeit insurance documents, a felony. The trial court assessed punishment at five years' confinement, according to the terms of the plea agreement. Appellant filed a general notice of appeal. The trial court did not grant appellant permission to appeal.

On appeal, appellant contends his plea was involuntary because his trial attorney had a conflict of interest. Appellate courts may not consider the issue of voluntariness of a guilty plea from a plea-bargained, felony conviction. Cooper v. State; No. 1100-99, 2001 WL 321579, at *1 (Tex.Crim.App. 2001); see also Tex.R.App.P. 25.2(b). Therefore, because appellant's sentence did not exceed that to which he agreed and because he filed a general notice of appeal, we are without jurisdiction to consider the merits of appellant's complaint and we must dismiss the appeal.