Don Clanton v. State

Don Clanton v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-03-049-CR

No. 10-03-050-CR

No. 10-03-051-CR

     DON CLANTON,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 176th District Court

Harris County, Texas

Trial Court Nos. 931,644, 931,645 and 931,646

MEMORANDUM OPINION

      Don Clanton pleaded guilty to 2 charges of aggravated robbery and one charge of aggravated kidnapping in the underlying causes of action. Pursuant to a plea agreement, the court assessed his punishment at thirty-five years’ confinement in each case. Clanton and his trial counsel signed a waiver of appeal in each case as a part of the plea proceedings.

      Because Clanton waived his right to appeal, we dismiss these appeals. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Clayburn v. State, 985 S.W.2d 624, 625 (Tex. App.—Waco 1999, no pet.) (per curiam).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed March 5, 2003

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[CRPM]

nmate.

      Section 14.004 provides: a) an inmate who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit of declaration: 1) identifying each suit previously brought by the person, and in which the person was not represented by an attorney; and 2) describing each suit that was previously brought by: A) stating the operative facts for which relief was sought; B) listing the case name, cause number, and the court in which the suit was brought; C) identifying each party named in the suit, including whether the suit was dismissed as frivolous or malicious, or otherwise; b) if the affidavit or unsworn declaration filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal; c) the affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement from the department.

      Our review of a dismissal under Chapter 14 is controlled by the abuse of discretion standard. Abuse of discretion is determined by whether the court acted without reference to any guiding principles. Craddock v. Sunshine Bus Lines, 133 S.W.2d 124, 126 (Tex. 1939). Stated another way, was the act of the court arbitrary or unreasonable. Smith v. Cessna Aircraft Co., 665 S.W.2d 439, 443 (Tex. 1984).

      Appellant did not include all of the previous lawsuits he had filed. He listed 24 previous lawsuits. The record before us lists 57 lawsuits that Appellant had filed. Appellant further did not provide all of the required information about each of the lawsuits that he did list. Chapter 14 does not require a list of some of the lawsuits previously filed by an inmate. It mandates that all of the convicts previously filed lawsuits be named, along with the additionally required information.

      Appellant’s petition was not accompanied by an affidavit or unsworn declaration required by Section 14.004. Thus, there was no abuse of discretion in the trial court’s dismissal of Appellant’s lawsuit. Hickson v. State, 926 S.W.2d 397, 398 (Tex. App.—Waco 1996, no writ). Bell v. Texas Dept. of Criminal Justice - Institutional Division, 962 S.W.2d 156, 157 (Tex. App.—Houston [14th Dist.] 1998, writ denied).

      As to Appellant’s constitutional challenge to Section 14.004, Tex. Civ. Prac. & Rem. Code, Section 14.004 has been held to be constitutional. Thomas v. Wichita General Hospital, 952 S.W.2d 936, 940 (Tex. App.—Ft. Worth 1997, writ denied).

      Appellant finally complains of the trial court’s assessment of costs against him. Sections 14.006 and 14.007, Tex. Civ. Prac. & Rem. Code specifically authorize a trial court to order an inmate to pay court costs and to mail a copy of the Court’s order and a certified bill of costs to the Texas Department of Criminal Justice.

      All of Appellant’s issues are overruled.

      The judgment is affirmed.

                                                                   FRANK G. McDONALD

                                                                   Chief Justice (Retired)

Before Justice Vance,

      Justice Gray, and

      Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed June 6, 2001

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