Otis Curtis Harris, Jr. v. State ( 2002 )

Opinion issued December 12, 2002  

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01030-CR

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OTIS CURTIS HARRIS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 898216

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MEMORANDUM OPINION

Appellant was charged by indictment with possession with intent to deliver cocaine weighing at least 400 grams. The charge was enhanced with the allegation that appellant used and exhibited a deadly weapon during the commission of the offense.

Appellant entered into a plea bargain agreement with the State in which the State would recommend that the charge be reduced to possession of cocaine weighing four grams or more but less than 200 grams, the enhancement paragraph be abandoned, and punishment be assessed at three years' confinement. Appellant signed a written waiver of his right to appeal if the trial court accepted the plea bargain agreement.

Appellant pleaded guilty, and the trial court followed the plea bargain agreement in assessing punishment. Despite having waived the right to appeal, appellant filed a notice of appeal that indicated the appeal was from the denial of his second motion for discovery, production, and inspection of evidence. We hold the appeal must be dismissed. See Lacy v. State, 56 S.W.3d 287, 288 (Tex. App.--Houston [1st Dist.] 2001, no pet.); Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.); see also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Bushnell v. State, 975 S.W.2d 641, 642-44 (Tex. App.--Houston [14th Dist.] 1998, pet. ref'd); Littleton v. State, 33 S.W.3d 41 (Tex. App.--Texarkana 2000, pet. ref'd).

Accordingly, we order the appeal dismissed.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.