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Click here for the full text of this decision FACTS:This case presents the question of whether a waiver of the right to appeal contained in printed plea documents trumps the trial court’s permission to appeal on issues raised by motions filed before trial. HOLDING:Remanded. The record shows that appellant intended to appeal the trial court’s denial of the motion to suppress, as evidenced by a notation on the reset form, that all parties to the plea bargain agreement were aware of that intent, as further evidenced by the fact that the state failed to assert waiver in the court of appeals, and that the trial court expressly and in writing granted permission for appellant to appeal regardless of the fact that the preprinted plea papers contained a waiver of appeal, as evidenced by the notation on the notice of appeal. The record demonstrates that the failure to cross out the language waiving appeal in the plea forms was an oversight. The absence of a court reporter’s record of the oral discussion of appeal, similar to the one that existed in Alzarka v. State, 90 S.W.3d 321 (Tex. Crim. App. 2002), should not alter this conclusion, as the conclusion is based on the documents that are present in the record of this case. This court recently held that an appellant who has executed a waiver of appeal in a non-negotiated plea could not appeal without securing permission of the trial court. Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003). Implicit in this opinion is the determination that the trial court is in a better position to determine whether the previously executed waiver of appeal was in fact validly executed and if there is any arguable merit in appellant’s desire to appeal. Additionally, in Monreal the court expressed continued recognition of the trial court’s authority to allow a defendant to appeal despite a valid waiver of appeal. The court holds that the trial court’s subsequent handwritten permission to appeal controls over a defendant’s previous waiver of the right to appeal, allowing the defendant to appeal despite the boilerplate waiver. OPINION:Holcomb, J.; Price, Womack, Johnson, Keasler, Hervey and Cochran, JJ., join. DISSENT:Keller, P.J.; Meyers, J., joins. “Whether a defendant has permission to appeal is an issue distinct from whether he has waived appeal. Under the appellate rules in effect at the time appellant’s notice of appeal was filed, a plea bargaining defendant was permitted to appeal in only three situations: (1) when the appeal was for a jurisdictional defect, (2) when the appeal was of a matter raised by written motion and ruled on before trial, and (3) when the trial court granted permission to appeal. So, under some circumstances, permission to appeal would be a precondition for allowing such an appeal by a plea-bargaining defendant. By contrast, a waiver of appeal can occur whether or not there is a plea agreement. So waiver of appeal is different from permission to appeal, which applies only to bargained pleas. “Moreover, when there is a plea agreement and waiver of appeal is part of that agreement, the State has an independent right to hold the defendant to the bargain, regardless of whether the trial court grants permission to appeal. While the trial court was not required to follow the plea agreement, in this case it did. Even though the “permission to appeal” obstacle has been removed, appeal should still be barred by the defendant’s valid waiver. “If the “waiver of appeal” language was an oversight and does not reflect the intent of the parties, the defendant can show that on habeas corpus. There is nothing in the appellate record to support such a claim, however, and we should not presume the existence of such an oversight from the mere fact that a judge granted “permission” to appeal � especially when the judge in question was not the judge at the plea proceedings.”

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