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Baquee Antar Sabur v. State

Citation: Not availableDocket: 02-02-00479-CR

Court: Court of Appeals of Texas; February 5, 2003; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Baquee Antar Sabur appeals his misdemeanor convictions for burglary of a vehicle and theft, following guilty pleas under a plea bargain. The Court of Appeals for the Second District of Texas dismisses the appeals for lack of jurisdiction. The court notes that under Article 44.02 of the Texas Code of Criminal Procedure, an appeal in such cases is restricted to issues raised by pretrial motion or those for which the trial court granted permission to appeal. The appellant's counsel acknowledged the court's lack of jurisdiction and did not amend the notice of appeal. No permission was granted by the trial court for the appellant to appeal any specific issues, and the issues initially raised in pretrial motions were deemed moot due to the outcomes of the cases. Consequently, the appeals are dismissed as the appellant failed to satisfy the jurisdictional requirements.

Legal Issues Addressed

Appeal Restrictions under Article 44.02 of the Texas Code of Criminal Procedure

Application: The appellant's ability to appeal was limited to issues raised by a pretrial motion or those for which the trial court granted permission, neither of which applied in this case.

Reasoning: The court notes that under Article 44.02 of the Texas Code of Criminal Procedure, an appeal in such cases is restricted to issues raised by pretrial motion or those for which the trial court granted permission to appeal.

Consequences of Acknowledging Lack of Jurisdiction

Application: The appellant's counsel acknowledged the lack of jurisdiction and did not amend the notice of appeal, contributing to the dismissal of the appeals.

Reasoning: The appellant's counsel acknowledged the court's lack of jurisdiction and did not amend the notice of appeal.

Jurisdictional Requirements for Appeals

Application: The appellant's failure to meet jurisdictional requirements led to the dismissal of the appeals as no permission to appeal specific issues was granted and pretrial motions were rendered moot.

Reasoning: No permission was granted by the trial court for the appellant to appeal any specific issues, and the issues initially raised in pretrial motions were deemed moot due to the outcomes of the cases.