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Costilow v. State

Appellant appeals her convictions for the felony offense of forgery and two separate offenses of possession of a controlled substance. Appellant pleaded guilty to three offenses pursuant to a plea agreement in which the state consented and the trial court assessed punishment, as reflected in the modified plea agreement. Therefore, she has no right to appeal under Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure and these appeals are dismissed. Beaumont Court of Appeals, No. 09-60743, 08-11-2010

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OPINION

Appellant, Shannon Lorene Costilow, appeals her convictions for the felony offense of forgery, and two separate offenses of possession of a controlled substance. On appeal, Costilow argues that the trial court erred by improperly intruding into the plea bargain process and by refusing to allow her to withdraw her guilty pleas. We hold that the trial court did not improperly intrude into the plea bargaining process. We further hold that the trial court did not err in refusing to allow Costilow to withdraw her guilty pleas. Finally, considering without finding the trial court erred in refusing to allow Costilow to withdraw her guilty pleas, the doctrine of invited error estops Costilow from asserting this complaint on appeal.

Costilow pled guilty to three offenses pursuant to a plea agreement in which the State consented and the trial court assessed punishment, as reflected in the modified plea agreement. Therefore, Costilow has no right to appeal under Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure and these appeals are dismissed.*fn1 See TEX. R. APP. P. 25.2(a)(2).

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