Kevin Bell Washington v. The State of Texas--Appeal from 264th District Court of Bell County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-076-CR
KEVIN BELL WASHINGTON,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 38,353, HONORABLE RICK MORRIS, JUDGE

PER CURIAM

 

Pursuant to a plea bargain agreement, appellant pleaded guilty and judicially confessed to the offense of burglary of a habitation. Tex. Pen. Code Ann. 30.02 (1989). Appellant also confessed to a prior felony conviction alleged for enhancement and to using a deadly weapon during the commission of the offense. The district court found appellant guilty and, in conformity to the agreement, assessed punishment at imprisonment for eighteen years.

The transcript 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 judgment was entered.

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. Cr. App. 1976). See also Hurd v. State, 548 S.W.2d 388 (Tex. Cr. App. 1977); Reed v. State, 516 S.W.2d 680 (Tex. Cr. 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 appeal is dismissed.

 

[Before Chief Justice Carroll, Justices Aboussie and Jones]

Dismissed

Filed: March 6, 1991

[Do Not Publish]