Danielle Jana Lewis v. State

Dismissed and Memorandum Opinion filed February 16, 2006

Dismissed and Memorandum Opinion filed February 16, 2006.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-05-00883-CR

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DANIELLE JANA LEWIS, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1033080

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to delivery of a controlled substance on May 25, 2006.  The trial court deferred adjudication of guilt and placed appellant on community supervision.  Subsequently, the State filed a motion to adjudicate guilt.  Appellant entered a plea of true in exchange for a sentence of four years in the Texas Department of Criminal Justice.  The trial court entered a judgment adjudicating guilt and sentenced appellant in accordance with the agreement.


The record reflects that as part of the agreement appellant agreed to waive any right to appeal.  The agreement is initialed by appellant and her signature appears directly below the waiver.  Despite having waived the right to appeal, appellant filed a pro se notice of appeal.

Appellant chose to enter into an agreement that included a waiver of the right to appeal, she was informed of her right to appeal, and she knew with certainty the punishment she would receive.  As appellant was fully aware of the consequences when she waived her right to appeal, it is Anot unfair to expect [her] 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) (quoting Mabry 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.). 

Accordingly, we dismiss the appeal. 

 

PER CURIAM

 

 

 

Judgment rendered and Memorandum Opinion filed February 16, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).