Deleon, Ex Parte Jesus

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,763 & AP-76,764

Ex parte JESUS DE LEON, Applicant

ON APPLICATIONS FOR HABEAS CORPUS

CAUSE NOS. 06-CR-0405-G & 06-CR-2746-G

IN THE 404TH DISTRICT COURT

FROM CAMERON COUNTY

Keller, P.J., filed a concurring opinion in which Johnson and Cochran, JJ., joined.

The plea agreement provided that applicant waived his right to appeal, applicant's attorney provided an affidavit saying that his understanding was that no appeal would be forthcoming, and the habeas judge found that applicant breached the plea agreement by appealing. I do not think that the…