Rodriguez, Ivan v. State

Opinion

Opinion issued April 18, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00174-CR

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IVAN RODRIGUEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1086270

O P I N I O N

Appellant was charged with possession of marihuana in a useable quantity of under two ounces, and entered into a plea bargain agreement with the State in which the State would recommend that punishment be assessed at eight days in jail with credit for three days. Appellant signed a written waiver of his right to appeal if the trial court accepted the plea bargain agreement.

Appellant pleaded guilty, and the trial court followed the plea bargain agreement in assessing punishment. Despite having waived the right to appeal, appellant filed a notice of appeal. We hold the appeal must be dismissed. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.); see also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Bushnell v. State, 975 S.W.2d 641, 642-44 (Tex. App.--Houston [14th Dist.] 1998, pet. ref'd); Littleton v. State, 33 S.W.3d 41, 43 (Tex. App.--Texarkana 2000, pet. ref'd).

Accordingly, we order the appeal dismissed.

All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Cohen, Nuchia, and Smith. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1. The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.