Court of Civil Appeals of Texas, 2008

Chad Peter Fowler v. State of Texas

Chad Peter Fowler v. State of Texas
Court of Civil Appeals of Texas · Decided July 24, 2008

Chad Peter Fowler v. State of Texas

Opinion

Opinion filed July 24, 2008

 

 

Opinion filed July 24, 2008

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                          No. 11-08-00173-CR

                                            _________

 

                                   CHAD PETER FOWLER, Appellant

 

                                                             V.

 

                                         STATE OF TEXAS, Appellee

 

 

                                         On Appeal from the 244th District Court

 

                                                           Ector County, Texas

 

                                                 Trial Court Cause No. C-34,309

 

 

                                             M E M O R A N D U M   O P I N I O N

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.

 

PER CURIAM

 

July 24, 2008

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

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