In In Ex parte Birdwell, 7 S.W.3d 160, (Tex. Crim. App. 1999), all of the judges in today's majority acknowledged that a guilty plea does not, by itself, waive a double jeopardy claim. Instead, that Court held that the applicant only waived his double jeopardy rights by subjecting himself to a second trial in exchange for a more lenient sentence. The Court presumed that the benefits inherent in the plea arrangement outweighed those of an appeal based on the Double Jeopardy Clause. Id. Thus, in order to amount to a legitimate waiver, the Court required some rational choice on the part of the defendant to forgo his rights under the Fifth Amendment.