Hudec, Gary Allen v. State ( 2002 )

Opinion issued April 11, 2002  

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00255-CR

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GARY ALLEN HUDEC, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1063125

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O P I N I O N

Appellant was charged with Class A misdemeanor assault, and entered into a plea bargain agreement with the State in which the State would recommend that punishment be assessed at 90 days jail confinement. Appellant signed a written waiver of his right to appeal if the trial court accepted the plea bargain agreement.

Appellant pleaded 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. We hold the appeal must be dismissed. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.); see also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Bushnell v. State, 975 S.W.2d 641, 642-44 (Tex. App.--Houston [14th Dist.] 1998, pet. ref'd); Littleton v. State, 33 S.W.3d 41 (Tex. App.--Texarkana 2000, pet. ref'd).

Accordingly, we order the appeal dismissed.

PER CURIAM

Panel consists of Justices Cohen, Nuchia, and Smith. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1. The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.