Daniels Jr., Claiborne O'Neal v. State ( 2004 )

Dismissed and Opinion filed March 18, 2004

Dismissed and Opinion filed March 18, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00189-CR

NO. 14-04-00190-CR

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CLAIBORNE O=NEAL DANIELS, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause Nos. 956,423 & 956,424

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offenses of aggravated assault and arson.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to confinement for fifteen years for each offense in the Institutional Division of the Texas Department of Criminal Justice. As part of the plea bargain agreement, appellant signed a written waiver of his right to appeal.  Because appellant has waived his right to appeal, we dismiss.

Appellant pled guilty and the trial court followed the plea bargain agreement in assessing punishment. Despite having waived the right to appeal, appellant filed a notice of appeal.  Appellant chose to enter into an agreement that included a waiver of the right to appeal.  Appellant was informed of his right to appeal, knew with certainty the punishment he would receive, and that he could withdraw his plea if the trial court did not act in accordance with the plea agreement.  As appellant was fully aware of the consequences when he waived his right to appeal, it is Anot unfair to expect him to live with those consequences now.@  Alzarka v. State, 60 S.W.3d 203, 206 (Tex. App.BHouston [14th Dist.] July 26, 2001, pet. granted) (quoting Mabry v. Johnson, 467 U.S. 504, 104 S. Ct. 2543, 2547-48, 81 L. Ed. 2d 437 (1984)).  See also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Buck v. State, 45 S.W.3d 275, 278 (Tex. App.CHouston [1st Dist.] 2001, no pet.). 

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Opinion filed March 18, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex. R. App. P. 47.2(b).