Opinion issued January 30, 2003
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-02-01244-CR
____________
JOHN SCOTT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Cause No. 876536
MEMORANDUM OPINION
On October 15, 2002, appellant pleaded guilty to indecency with a child. Appellant signed under oath a written waiver of constitutional rights, agreement to stipulate to evidence, and judicial confession. The document provided, among other things, as follows:
I intend to enter a plea of guilty and the prosecutor will recommend that my punishment should be set at 2 yrs. TDCJ-ID credit for time served and I agree to that recommendation. . . . Further, I waive any right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor.
The document included a signed statement of appellant's counsel that read, in part:
I represent the defendant in this case and I believe that this document was executed by him knowingly and voluntarily and after I fully discussed it and its consequences with him. I believe that he is competent to stand trial. I agree to the prosecutor's recommendation as to punishment.
The document was also signed by the prosecutor and the trial judge.
The trial court proceeded to find appellant guilty of indecency with a child and, following the plea agreement, assessed punishment at two years' confinement. Despite having waived the right to appeal, appellant filed pro se notice of appeal. We hold the appeal must be dismissed.
In Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.), this Court held that, in a plea-bargained case in which the trial court followed the plea bargain agreement, a pre-sentencing waiver of the right to appeal conditioned on the trial court's acceptance of the plea bargain agreement was valid and enforceable. 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 (Tex. App.--Texarkana 2000, pet. ref'd); but see Alzarka v. State, 90 S.W.3d 321 (Tex. Crim. App. 2002). (1)
Appellant waived under oath any right to appeal as part of his plea bargain agreement if the punishment assessed by the trial court did not exceed the agreement. According to the statement of appellant's counsel, appellant executed the waiver of constitutional rights, agreement to stipulate to evidence, and judicial confession only after counsel had fully discussed it and its consequences with him. The trial judge followed the plea bargain agreement in assessing punishment.
Accordingly, we order the appeal dismissed.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Nuchia and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).
1. In