Ex Parte Robert Watkins

Summary

The court denied habeas relief after finding that the applicant knowingly and voluntarily accepted a plea bargain reducing a capital-murder charge to murder and waived appeal. Although the trial court later permitted an appeal and appointed counsel, counsel advised the applicant about the right to appeal and the risk of a capital retrial, and the applicant chose not to appeal; this did not constitute ineffective assistance. The court also rejected challenges to the deadly-weapon finding because the record did not show that its exclusion was part of the bargain and the indictment provided adequate notice. Judge Teague, dissenting, would have granted an out-of-time appeal because counsel failed to perfect an appeal after the trial court authorized one.