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Carter v. State

Texas Rule of Appellate Procedure 25.2(b)(3) does not apply to a plea agreement by which the state promised not to indict with enhancement paragraphs.

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Appellant Jefferson Carter pleaded guilty to aggravated sexual assault of a child. The district court adjudged him guilty and assessed punishment at imprisonment for twenty-six years. See Tex. Pen. Code Ann. � 22.021 (West Supp. 2002). Appellant contends the court reversibly erred by failing to admonish him before accepting his plea that he would be required to register as a sex offender. Although we agree that the court erred, we conclude that the error was harmless and therefore will affirm the conviction.

Jurisdiction

The State asserts that appellant’s general notice of appeal was not sufficient to invoke this Court’s jurisdiction. See Tex. R. App. P. 25.2(b)(3). Under rule 25.2(b)(3), there is a limited right to appeal when a defendant is convicted on his plea of guilty and “the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant.” Id. 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 Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001) (rule 25.2(b)(3) limits appeal in every plea bargain, felony case).

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