J. L. Cox, AKA J. L. Stoney Cox v. The State of Texas--Appeal from 22nd District Court of Hays County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00653-CR
J. L. Cox,
a/k/a J. L. Stoney Cox, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. CR-95-78, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING

PER CURIAM

 

Appellant pleaded no contest to an indictment accusing him of aggravated sexual assault. Appellant also pleaded true to enhancement allegations. The district court found him guilty and, pursuant to a plea bargain agreement, assessed punishment at imprisonment for forty 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 and sentence 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 this appeal.

The appeal is dismissed.

 

Before Justices Powers, Aboussie and Kidd

Dismissed

Filed: November 22, 1995

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