Jack David Fowler v. State

• Court: Court of Appeals of Texas
• Decided: October 2, 2008
• Docket: 14-08-00765-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 2, 2008

Dismissed and Memorandum Opinion filed October 2, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00765-CR

JACK DAVID FOWLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

 Harris County, Texas

Trial Court Cause No. 1094046

M E M O R A N D U M   O P I N I O N

Appellant entered a Aguilty@ plea to possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudication of  guilt and placed appellant on community supervision for a term of three years.  Subsequently, the State moved to adjudicate guilt.  Appellant entered a plea of Atrue@ to the motion.  The trial court adjudicated guilt and sentenced appellant on July 28, 2008, to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal.  We dismiss the appeal. 

The record reflects appellant waived his right of appeal as part of his agreement to plead Atrue@ to the motion to adjudicate guilt.  In exchange, the State recommended appellant be sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  Negotiated waivers of the right of appeal are valid if the defendant waived the right of appeal knowing with certainty the punishment that would be assessed.  See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003).  Appellant was fully aware of the likely consequences when he waived his right to appeal and was sentenced by the trial court in accordance with the State=s  recommendation.  See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). 

Accordingly, we dismiss the appeal.          

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 2, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson and Frost.

Do Not Publish C Tex.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