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Dismissed, Order issued October ^ , 1996

In The (tiaurl ofAppeals 

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No. 05-92-01177-CR CEDRIC DEMICHAEL BUTLER, Appellant

V. THE STATE OF TEXAS, Appellee OPINION AND ORDER 

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Before Chief Justice Thomas and Justices Maloney and Hankinson Cedric Demichael Butler appeals his conviction for sexual assault. Following 

### revocation ofhis probation, the trial court assessed punishment at eight years in prison. In 

### one point oferror, appellant claims the evidence is insufficient to support his conviction. The State, however, challenges this Court'sjurisdiction over the appeal because appellant 

## originallypleaded guilty as part ofa pleabargain agreementbutfiled only a general notice
of appeal. 

### As part ofa plea bargain agreement, appellant pleaded guilty and was placed on 

### deferred adjudicationprobationfor two years andfined $500. Subsequently, the Statefileds4v>«.,*»-*M&'s!*!&^*%^

amotion to adjudicate guilt. Appellant entered an open plea oftrue to the allegations in the motion, and the trial court revoked his probation and adjudicated him guilty. The trial 

### court then placed appellant on ten years' probation. Nine months later, the State filed a motion to revoke probation. Appellant agreed to enter aplea oftrue in exchange for an 

### eight-year sentence. After being sentenced to eight years in prison, appellant filed notice
of appeal. Rule 40(b)(1) of the Texas Rules of Appellate Procedure provides: 

### [I]f the judgment was rendered upon [an appellant's] plea of 

### guilty or nolo contendere pursuant to Article 1.15, Code of Criminal Procedure, and the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney, in order to 

### prosecute an appeal for anonjurisdictional defect or error that occurred prior to entry ofthe plea the notice shall state that the trial court granted permission to appeal or shall specify that those matters were raised by written motion and ruled on before trial. 

### Tex. R. Apt, P. 40(b)(1). A general notice ofappeal does not conferjurisdictionupon this Court to consider nonjurisdictional issues. Lyon v. State, 872 S.W.2d 732, 736 (Tex. Crim. 

## App.), cert. denied, 114S. Q. 2684 (1994). Further, rule40(b)(1) applies to cases inwhich 

## an appellant is placed on deferred adjudication probation pursuant to aplea bargain 

## agreement and the probation is subsequently revoked and appelant adjudicated guilty. Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996). 

### Inthis case, appellantenteredhis originalplea pursuantto a negotiatedpleabargain 

## agreement. Subsequently, aspartofanothernegotiatedpleaagreement, appellantpleaded

-2-true totheState's motion to revoke probation inexchange for aneight-year prison sentence. Appellant's notice ofappeal does not state that the trial court granted permission to appeal nor does it specify any matters raised by written motion or ruled on before trial. Consequently, appellant's notice of appeal is general, and he can raise only jurisdictional

defects. Appellant's sole point oferror challenges the sufficiency ofthe evidence. Sufficiency of the evidence is a nonjurisdictional issue. Lyon, 872 S.W.2d at 736. Because appellant filed a general notice of appeal, this Court does not have jurisdiction over appellant's appeal. See Lyon, 872 S.W.2d at 736. Accordingly, we DISMISS the appeal for want ofjurisdiction.

Do Not Publish Tex. R. App. P. 90

-3-'EINDA THOMAS, CHIEF JUSTICE d-