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Fowler v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jul 24, 2008
No. 11-08-00173-CR (Tex. App. Jul. 24, 2008)

Opinion

No. 11-08-00173-CR

Opinion filed July 24, 2008. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).

On Appeal from the 244th District Court Ector County, Texas, Trial Court Cause No. C-34,309.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


MEMORANDUM OPINION


The jury convicted Chad Peter Fowler of burglary of a habitation. Appellant then withdrew his election to have the jury determine his sentence and entered into a plea bargain agreement as to punishment. Contemporaneous with accepting the plea bargain, appellant signed a written waiver of his right to appeal and his right to file a motion for new trial. The trial court accepted both the plea bargain agreement and appellant's waivers and imposed a sentence of confinement for twelve years consistent with the agreement. Appellant then filed a pro se notice of appeal. We dismiss for want of jurisdiction. Appellant's counsel has responded to our request to show grounds for continuing this appeal. Counsel acknowledges that appellant has filed a pro se application for writ of habeas corpus and that habeas corpus proceedings may be more appropriate in light of appellant's waiver of appeal. We agree. The appeal is dismissed for want of jurisdiction.


Summaries of

Fowler v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jul 24, 2008
No. 11-08-00173-CR (Tex. App. Jul. 24, 2008)
Case details for

Fowler v. State

Case Details

Full title:CHAD PETER FOWLER, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jul 24, 2008

Citations

No. 11-08-00173-CR (Tex. App. Jul. 24, 2008)

Citing Cases

Ex Parte Fowler

The Eleventh Court of Appeals dismissed his appeal for want of jurisdiction. See Fowler v. State, No.…