Andrew Jackson Altic v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN





NO. 3-92-204-CR



ANDREW JACKSON ALTIC,

APPELLANT



vs.





THE STATE OF TEXAS,

APPELLEE





FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 41,349, HONORABLE JACK W. PRESCOTT, JUDGE







PER CURIAM

Appellant pleaded guilty and judicially confessed to the offense of unauthorized use of a vehicle. Tex. Penal Code Ann. § 31.07 (1989). Pursuant to a plea bargain agreement, the district court assessed punishment at imprisonment for ten 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 Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed

Filed:  June 17, 1992

[Do Not Publish]