Carrie Lee Mercer, Sr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-98-00045-CR


Carrie Lee Mercer, Sr., Appellant

v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT

NO. 97-498-K368, HONORABLE BURT CARNES, JUDGE PRESIDING


PER CURIAM

Appellant pleaded guilty and judicially confessed to aggravated assault. The district court adjudged appellant guilty and, pursuant to a plea bargain agreement, assessed punishment at imprisonment for twenty years.

The State moves to dismiss on the ground that appellant waived his right to appeal. 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 sought or obtained the permission of the trial court to pursue this appeal.

The motion to dismiss is granted. The appeal is dismissed.



Before Justices Powers, Aboussie and Jones

Dismissed for Want of Jurisdiction

Filed: February 26, 1998

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