Opinion
Nos. AP-76,059 AP-76,060
Delivered: December 17, 2008. DO NOT PUBLISH.
On Applications for Writs of Habeas Corpus, Cause Nos. 06-54113-J 06-64114-J, in the Criminal District Court Number Three, from Dallas County.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant pleaded guilty and was convicted of manufacturing a controlled substance and retaliation and sentenced to twenty-five years' imprisonment for each cause. He did not appeal his convictions. Applicant contends that he was denied the right to appeal his convictions. Trial counsel filed an affidavit stating that Applicant waived his right to appeal in exchange for the State waiving its right to a jury trial so that Applicant could request from the judge a sentence of deferred adjudication probation with drug treatment. We order this application be filed and set for submission to determine whether a defendant can voluntarily waive his entire appeal as a part of a plea, even when sentencing is not agreed, where consideration is given by the State for that waiver. The parties shall brief these issues. Oral argument is not permitted. It appears that Applicant is not represented by counsel. The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 120 days of the date of this order.