Flores, Douglas Huff v. The State of Texas--Appeal from 183rd District Court of Harris County

Dismissed and Opinion filed August 15, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00560-CR

____________

DOUGLAS HUFF FLORES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 900,159

M E M O R A N D U M O P I N I O N

Appellant pled guilty to the offense of possession of a controlled substance on May 24, 2002. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to 9 years= confinement in the Texas Department of Criminal Justice, Institutional Division. As part of the plea bargain agreement, 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 agreement in assessing punishment. Despite having waived the right to appeal, appellant filed a notice 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) (quotingMabry 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.).

Appellant filed a motion to retain this appeal, claiming that he pled guilty with the intent to appeal the denial of a meritorious pretrial motion; however, the record does not reflect this. Instead, appellant signed the plea bargain which included the following statement: AFurther, I waive any right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor.@ We deny the motion to retain.

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Opinion filed August 15, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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