|
|
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-240-CR
GARY LEE SMITH APPELLANT
V.
THE STATE OF TEXAS STATE
------------
FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
------------
MEMORANDUM OPINION[1]
‑‑‑‑‑‑‑‑‑‑‑‑
Gary Lee Smith is attempting to appeal his conviction and sentence for indecency with a child by contact. We dismiss the appeal.
The trial court certified that appellant has waived his right of appeal and provided us a copy of appellant=s written waiver, which appellant signed after being convicted and sentenced. On July 24, 2006, we notified appellant by letter of the trial court=s certification. Although appellant has responded to our letter, he does not assert that his waiver is invalid.
A valid waiver of appeal, whether negotiated or non‑negotiated, will prevent a defendant from appealing without the trial court=s consent.[2] The trial court did not consent to appellant=s appeal in this case. Accordingly, we dismiss the appeal.[3]
PER CURIAM
PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: SEPTEMBER 28, 2006
[1]See Tex. R. App. P. 47.4.
[2]Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).
[3]Id.; see Tex. R. App. P. 25.2(d) (providing that an appeal must be dismissed unless the trial court=s certification shows that the defendant has the right of appeal).