¶1dissenting.
¶2I dissent ¡from the majority’s judgment because I believe Ex parte Thomas should control our decision on whether Bushnell waived his right to appeal. See 545 S.W.2d 469, 470 (Tex.Crim.App.1977). The holding in Thomas was “that a defendant is not bound by his agreement to waive appeal which is made after judgment of conviction, but before the pronouncement of sentence.” Id.(emphasis added). The situation was the same as that confronting the court in this ease.
¶3As an intermediate court, we are bound to follow the pronouncements of the Texas Court of Criminal Appeals. See Fontenot v. State, 932 S.W.2d 185, 194 (Tex.App.—Fort Worth 1996, no pet.). As the majority itself notes, Ex parte Thomas has not been overruled and continues to be controlling precedent. See Moss v. State, 938 S.W.2d 186, 190 (Tex.App.—Austin 1997, pet. ref'd). Absent a statement or clear expression of legislative intent to overrule the decision in Thomas, I believe we are bound to follow the holding in Thomas and find that Bushnell has not waived his right to appeal.