# f ' Tj '' Dismissed, Order issued October« 7 , 1996

In The 

## (Sltfitrt fffAppeals 

## W\i\\[ Itstrtrt of©exas ai Dallas No. 05-92-02207-CR TRACEYDENISE HENDERSON, Appellant
THE STATE OF TEXAS, Appellee OPINION AND ORDER fi JJ. ^ 

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Before ChiefJustice Thomas and Justices Maloney and Hankinson 

### Tracey Denise Henderson appeals her convictionfor possession of less than twenty

### eightgrams ofcocaine. Punishmentwas assessed attwentyyears in prison and a$200 fine. In one point of error, appellant claims the evidence is insufficient to support her conviction. The State, however, challenges this Court's jurisdiction over the appeal 

### because appellant originallypleadedguiltyas part of a plea bargain agreement but filed only a general notice of appeal. 

### As part of a plea bargain agreement, appellant pleaded guilty and was placed on deferred adjudication probation for four years and fined$750. Subsequently, the State filed tf>"

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a motion to adjudicate guilt. Appellant entered an open plea of true to the allegations in the motion, and the trial court revoked her probation, adjudicated her guilty, and imposed punishment. Appellant appealed. 

### Rule 40(b)(1) of the Texas Rules ofAppellate 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 a nonjurisdictional defect or error that occurred priorto entry ofthe pleathe notice shall state thatthe trial court granted permission to appeal or shall specify that those matters were raised by written motion and ruled on before trial. Tex. R. App. P. 40(b)(1). A general notice ofappeal does not conferjurisdiction upon this 

### Court to consider nonjurisdictional issues. Lyonv. State, 872 S.W.2d 732, 736 (Tex. Crim. 

### App.), cert, denied, 114 S. Ct. 2684 (1994). Further, rule 40(b)(1) applies to cases in which an appellant is placed on deferred adjudication probation pursuant to a plea bargain 

### agreement and the probation is subsequently revoked and appellant adjudicated guilty. Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996). In this case, appellant enteredheroriginalpleapursuantto a negotiatedpleabargain 

### agreement. The punishment assessed by the trial judge did not exceed that agreed to by appellant and her attorney and recommended by the State. Appellant's notice of appeal 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

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### ofappeal is general, and she can raise only jurisdictional defects. 

### Appellant's solepoint of errorchallengesthe sufficiency of the 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 of jurisdiction.

LINDA THOMAS CHIEF JUSTICE Do Not Publish Tex. R. App. P. 90

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