John Dimeoa Pate v. The State of Texas--Appeal from 26th District Court of Williamson County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00742-CR
John Dimeoa Pate, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 97-174-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING
PER CURIAM

This is an appeal from a conviction for felony driving while intoxicated. This Court is without jurisdiction for two reasons. First, the notice of appeal was untimely, having been filed over three months after sentence was imposed in open court. See Tex. R. App. P. 41(b)(1) (then applicable). Second, the clerk's record 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 imposed 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).

 

The appeal is dismissed.

 

Before Chief Justice Carroll, Justices Jones and Kidd

Dismissed for Want of Jurisdiction

Filed: December 4, 1997

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