White, James Keelin

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-540-04

JAMES KEELIN WHITE, Appellant

v.

THE STATE OF TEXAS

DISSENT TO REFUSAL TO GRANT

STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Keller, P.J., filed a dissenting opinion in which KEASLER, and HERVEY, JJ., joined..

OPINION DISSENTING TO REFUSAL TO GRANT PETITION

In this plea-bargain case, the Court of Appeals held in a published opinion that appellant preserved the right to appeal despite his written waiver of appeal (1) and despite the trial court's notation on the judgment and the notice of appeal that…