Dismissed and Memorandum Opinion filed April 8, 2004.
In The
Fourteenth Court of Appeals
____________
NO. 14-04-00278-CR
____________
CLAIBORNE ONEAL DANIELS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 928,988
M E M O R A N D U M O P I N I O N
Appellant pled guilty to aggravated assault on February 12, 2003. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to five years deferred adjudication. On August 12, 2003, the State filed a motion to adjudicate guilt. Appellant entered a plea of true to the allegations in the motion. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to fifteen years confinement in the Institutional Division of the Texas Department of Criminal Justice. 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 true 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.@ 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 April 8, 2004.
Panel consists of Justices Yates, Anderson, and Hudson.
Do Not Publish C Tex. R. App. P. 47.2(b).