From Casetext: Smarter Legal Research

Clanton v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 5, 2003
Nos. 10-03-049-CR, 10-03-050-CR, 10-03-051-CR (Tex. App. Mar. 5, 2003)

Opinion

Nos. 10-03-049-CR, 10-03-050-CR, 10-03-051-CR.

Opinion delivered and Filed March 5, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

From the 176th District Court, Harris County, Texas, Trial Court Nos. 931,644, 931,645 and 931,646.

Before Chief Justice DAVIS and Justices VANCE and GRAY.


MEMORANDUM OPINION


Don Clanton pleaded guilty to 2 charges of aggravated robbery and one charge of aggravated kidnapping in the underlying causes of action. Pursuant to a plea agreement, the court assessed his punishment at thirty-five years' confinement in each case. Clanton and his trial counsel signed a waiver of appeal in each case as a part of the plea proceedings. Because Clanton waived his right to appeal, we dismiss these appeals. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex.Crim.App. 2000); Clayburn v. State, 985 S.W.2d 624, 625 (Tex.App.-Waco 1999, no pet.) (per curiam).

The record contains nothing to suggest that Clanton's waivers of appeal were not made knowingly, intelligently, and voluntarily. See Clayburn v. State, 985 S.W.2d 624, 625 (Tex.App.-Waco 1999, no pet.) ("knowing and intelligent waiver of the right to appeal is binding on the defendant"); see also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex.Crim.App. 2000) (when "there has been no unfairness `in securing agreement between an accused and a prosecutor,'" a waiver of appeal is binding) (citing Mabry v. Johnson, 467 U.S. 504, 509-11, 104 S.Ct. 2543, 2547-48, 81 L.Ed.2d 437, 443-45 (1984)).


Summaries of

Clanton v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 5, 2003
Nos. 10-03-049-CR, 10-03-050-CR, 10-03-051-CR (Tex. App. Mar. 5, 2003)
Case details for

Clanton v. State

Case Details

Full title:DON CLANTON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 5, 2003

Citations

Nos. 10-03-049-CR, 10-03-050-CR, 10-03-051-CR (Tex. App. Mar. 5, 2003)