DAVID ALLEN WARREN v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Opinion by Justice Myers

David Allen Warren pleaded guilty to felony driving while intoxicated and true to one enhancement paragraph.   Pursuant to a plea agreement, the trial court assessed punishment at ten years' imprisonment and a $2000 fine.   Appellant waived his right to appeal in conjunction with the plea agreement.   See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).   The trial court's rule 25.2(d) certification states both that the case involves a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal.   The certification is supported by the record.

See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App.2005).

Appellant filed a brief challenging the voluntariness of his plea.   In a plea bargain case, a defendant may appeal only (a) those matters that were raised by written motion and ruled on before trial, or (b) after getting the trial court's permission to appeal.   See Tex.R.App. P. 25.2(a)(2)(A), (B).  The Texas Court of Criminal Appeals has held that the voluntariness of a guilty plea may not be raised on appeal following a plea bargain agreement.   See Cooper v. State, 45 S.W.3d 77, 81, 83 (Tex.Crim.App.2001).   Rather, the proper avenue for attacking the voluntariness of a negotiated plea is by application for writ of habeas corpus.   See id. at 82-83;  see Tex.Code Crim. Proc. Ann. art. 11.07 (West Supp.2010) (post-conviction habeas corpus procedure in felony case).

In this case, the trial court assessed the punishment agreed to by appellant and the State.   Appellant is not challenging a ruling on a pretrial motion nor does he have the trial court's permission to appeal.   Appellant's challenge to the voluntariness of his guilty plea may not be brought on direct appeal from the plea-bargained conviction.   See Cooper, 45 S.W.3d at 81, 83.   Accordingly, we dismiss the appeal for want of jurisdiction.

LANA MYERS JUSTICE