Schmidt v. State

OPINION

COHEN, Justice.

Appellant pled no contest to failure to stop and render aid, pursuant to a plea agreement, and the trial court assessed punishment of four years imprisonment.

Appellant contends that the controlling statute, Tex.Rev.Civ.Stat.Ann. sec. 6701d, sec. 38 (Vernon 1977), is unconstitutional and void. The State does not respond to this point of error, but argues that we lack jurisdiction because the notice of appeal does not state the trial court gave permission to appeal, nor does it list the pretrial rulings that appellant seeks to appeal.

Rule 40(b)(1) provides:

[I]f the…