AT AUSTIN
NO. 3-93-438-CR
STERLING SHEPARD,
APPELLANT
vs.
THE STATE OF TEXAS,
APPELLEE
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT
NO. 0932366, HONORABLE TOM BLACKWELL, JUDGE PRESIDING
PER CURIAM
Sterling Shepard seeks to appeal from a judgment of conviction for delivery of cocaine, a controlled substance. Tex. Health & Safety Code Ann. § 481.112 (West 1992). The punishment is imprisonment for fifteen 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 seven days after 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 permission of the trial court to pursue this appeal.
The appeal is dismissed.
Before Justices Powers, Jones and Kidd
Appeal Dismissed
Filed: November 24, 1993
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