TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 97-552-K277, HONORABLE DON MORGAN, JUDGE PRESIDING
Appellant Reginald Dane Parker was indicted for felony theft with three previous felony convictions alleged for enhancement of punishment. Pursuant to a plea bargain, appellant pleaded guilty to misdemeanor theft, judicially confessed, and was sentenced to incarceration for 305 days.
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). The record reflects that appellant sought the permission of the trial court to pursue this appeal, but permission was denied. Citing appellant's waiver and the court's denial of permission, the State has moved to dismiss the appeal. The motion is granted.
The appeal is dismissed.
Before Justices Powers, Aboussie and Kidd
Dismissed
Filed: November 5, 1998
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