Michael Caine Martinez v. State

• Court: Court of Appeals of Texas
• Decided: February 9, 2006
• Docket: 14-05-01011-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 9, 2006

Dismissed and Memorandum Opinion filed February 9, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01011-CR

MICHAEL CAINE MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 977,118

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to aggravated sexual assault of a child on March 26, 2004.  The trial court deferred adjudication of guilt and placed appellant on community supervision.  Subsequently, the State filed a motion to adjudicate guilt.  Appellant entered a plea of true in exchange for a sentence of fifteen years in the Texas Department of Criminal Justice and a fine of $500.  The trial court entered a judgment adjudicating guilt and sentenced appellant in accordance with the agreement.

The record reflects that as part of the agreement appellant agreed to waive any right to appeal.  The agreement is initialed by appellant and his signature appears directly below the waiver.  Despite having waived the right to appeal, appellant filed a pro se notice of appeal.

Appellant chose to enter into an agreement that included a waiver of the right to appeal, he was informed of his right to appeal, and he knew with certainty the punishment he would receive.  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 appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 9, 2006.

Panel consists of Justices Hudson, Fowler and Seymore.

Do not publish C Tex. R. App. P. 47.2(b).