J. C. Riddle v. The State of Texas--Appeal from County Court at Law No. 2 of Bell County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00610-CR
J. C. Riddle, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY
NO. 2C95-5199, HONORABLE JOHN BARINA, JUDGE PRESIDING

PER CURIAM

 

The county court at law found appellant guilty of deadly conduct. Tex. Penal Code Ann. 22.05 (West 1994). The court assessed punishment at incarceration for ninety days and a $600 fine, but suspended imposition of sentence and placed appellant on community supervision.

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 sentence was pronounced and suspended 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 Chief Justice Carroll, Justices Kidd and B. A. Smith

Dismissed

Filed: January 9, 1997

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