Morris Franklin Morgan v. The State of Texas--Appeal from 264th District Court of Bell County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00318-CR
Morris Franklin Morgan, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 45,529, HONORABLE JOE CARROLL, JUDGE PRESIDING

PER CURIAM

 

The district court found appellant guilty of the unauthorized use of a motor vehicle, assessed punishment at imprisonment for two years, suspended imposition of sentence, and placed appellant on community supervision. Later, after a hearing on the State's motion, the court revoked community supervision and imposed sentence.

The transcript contains a written waiver of appeal signed by appellant and his attorney. 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 district court's permission to appeal.

The appeal is dismissed.

 

Before Justices Powers, Jones and B. A. Smith

Dismissed

Filed: June 19, 1996

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