Ogden v. State

Court of Appeals of Texas

Ogden v. State

134 S.W.3d 487, 2004 Tex. App. LEXIS 2585, 2004 WL 575210

CourtCourt of Appeals of Texas

DecidedMarch 17, 2004

Docket10-02-00305-CR

StatusPublished

Cited by3 cases

This text of 134 S.W.3d 487 (Ogden 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.

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Ogden v. State, 134 S.W.3d 487, 2004 Tex. App. LEXIS 2585, 2004 WL 575210 (Tex. Ct. App. 2004).

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Opinion

MEMORANDUM OPINION

PER CURIAM.

Pursuant to a plea bargain, the trial court placed Wayne Ogden on deferred adjudication community supervision for possession of marihuana and testosterone. Ogden seeks to appeal a pretrial suppression ruling. However, Ogden executed a waiver of appeal in connection with the entry of his guilty plea.

Everything in the record demonstrates that Ogden’s waiver of appeal was valid when made. The mere fact that Ogden later filed a notice of appeal expressing a desire to obtain review of the trial court’s pretrial suppression ruling does not invalidate the waiver. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App.2003); Sipple v. State, No. 10-00-000233-CR, slip op. at 2, 2004 WL 406576, at *1, 2004 Tex.App. LEXIS 2168, at *2 (Waco March 3, 2004, no pet. h.). Accordingly, we dismiss the appeal.

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MEMORANDUM OPINION

PER CURIAM.

Pursuant to a plea bargain, the trial court placed Wayne Ogden on deferred adjudication community supervision for possession of marihuana and testosterone. Ogden seeks to appeal a pretrial suppression ruling. However, Ogden executed a waiver of appeal in connection with the entry of his guilty plea.

Everything in the record demonstrates that Ogden’s waiver of appeal was valid when made. The mere fact that Ogden later filed a notice of appeal expressing a desire to obtain review of the trial court’s pretrial suppression ruling does not invalidate the waiver. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App.2003); Sipple v. State, No. 10-00-000233-CR, slip op. at 2, 2004 WL 406576, at *1, 2004 Tex.App. LEXIS 2168, at *2 (Waco March 3, 2004, no pet. h.). Accordingly, we dismiss the appeal.

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134 S.W.3d 487, 2004 Tex. App. LEXIS 2585, 2004 WL 575210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogden-v-state-texapp-2004.

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