TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 93-741-K368, HONORABLE BURT CARNES, JUDGE PRESIDING
Appellant pleaded guilty to possessing more than five pounds of marihuana. The district court found that the evidence substantiated appellant's guilt, deferred further proceedings, and placed appellant on community supervision for five years. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, § 481.121, 1989 Tex. Gen. Laws 2230, 2939 (Tex. Health & Safety Code Ann. § 481.121(a), (b)(4), since amended). At a subsequent hearing on the State's motion to revoke and adjudicate, appellant pleaded true to the alleged violation of his supervisory conditions. The court revoked supervision, adjudicated appellant guilty, and imposed sentence of imprisonment for seven years.
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 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 obtained the trial court's permission to pursue this appeal.
The appeal is dismissed.
Before Justices Jones, B. A. Smith and Yeakel
Dismissed
Filed: December 17, 1998
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