Benjamin Kirk Bushner v. The State of Texas--Appeal from 119th District Court of Tom Green County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00587-CR
NO. 03-95-00588-CR
Benjamin Kirk Bushner, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NOS. CR93-0047-B & B-95-0110-S, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING

PER CURIAM

 

Appellant pleaded guilty to indictments accusing him of retaliation and failure to appear, enhanced by previous felony convictions. The district court found appellant guilty of both offenses and, pursuant to a plea bargain agreement, assessed punishment in each cause at imprisonment for thirty years.

The transcripts contain a written waiver of appeal signed by appellant, his attorney, and the trial judge. These documents, which reflect a knowing and voluntary waiver of the right to appeal, were signed on the same day, but after, the sentences were 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 these appeals.

The appeals are dismissed.

 

Before Justices Powers, Aboussie and Kidd

Dismissed on Both Causes

Filed: November 15, 1995

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