Keith Joseph DeGruy v. The State of Texas--Appeal from 264th District Court of Bell County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00596-CR
Keith Joseph DeGruy, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 47,699, HONORABLE JACK W. PRESCOTT, JUDGE PRESIDING
PER CURIAM

Appellant pleaded guilty to an indictment accusing him of forgery. The district court adjudged appellant guilty and assessed punishment at imprisonment for two years. The court suspended imposition of sentence and placed appellant on community supervision.

The State has filed a motion to dismiss. The clerk's record contains a written waiver of appeal signed by appellant, his attorney, and the trial judge. This document, which reflects a knowing and voluntary waiver of the right to appeal, was signed on the day sentence was imposed in open court. A defendant who knowingly and intelligently waives his right to appeal may not thereafter appeal without the consent of the trial court. Ex parte Dickey, 543 S.W.2d 99 (Tex. Crim. App. 1976); see also Hurd v. State, 548 S.W.2d 388 (Tex. Crim. App. 1977); Reed v. State, 516 S.W.2d 680 (Tex. Crim. App. 1974). There is nothing in the record to indicate that appellant sought or obtained the permission of the trial court to pursue this appeal.

The motion is granted and the appeal is dismissed.

 

Before Justices Powers, Kidd and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: February 5, 1998

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