Hill, Harroll David v. State

• Court: Court of Appeals of Texas
• Decided: October 3, 2002
• Docket: 14-02-00890-CR
• Status: Published

Opinion

Dismissed and Opinion filed October 3, 2002

Dismissed and Opinion filed October 3, 2002.

In The

Fourteenth Court of Appeals

____________

NOS. 14-02-00890-CR;

         14-02-00891-CR

HARROLL DAVID GILL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause Nos. 881,838 & 910,529

M E M O R A N D U M   O P I N I O N

Appellant pled guilty on July 29, 2002, to the offenses of criminal attempt and possession of methamphetamine weighing less than 400 grams with the intent to deliver.  In accordance with the terms of a plea bargain agreements with the State, the trial court sentenced appellant to fifteen years= confinement in the Texas Department of Criminal Justice, Institutional Division.  As part of the plea bargain agreements, 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 agreements in assessing punishment.  Despite having waived the right to appeal, appellant filed notices 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 appeals. 

PER CURIAM

Judgment rendered and Opinion filed October 3, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.3(b).