Gene Clifton Lambert v. State
This text of Gene Clifton Lambert v. State (Gene Clifton Lambert v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed January 15, 2009.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-00681-CR
GENE CLIFTON LAMBERT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 1133018
M E M O R A N D U M O P I N I O N
Appellant entered a Aguilty@ plea to driving while intoxicated. The trial court sentenced appellant on July 17, 2008, to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal on July 17, 2008. We dismiss the appeal.
On December 4, 2008, we abated this appeal and ordered the trial court to conduct a hearing to determine the reason for the failure to file a brief. The trial court conducted a hearing. The hearing record establishes appellant waived his right to appeal in exchange for the sentence received. Appellant knew with certainty the punishment that would be assessed. See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003). Thus, there is a valid waiver of the right to appeal. Cf Blanco v. State, 18 S.W.3d 218, 219 (Tex. Crim. App. 2000).
Accordingly, the appeal is dismissed.
PER CURIAM
Panel consists of Justices Frost, Brown, and Boyce.
Do Not Publish C Tex. R. App. P. 47.2(b)
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