TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 49,068, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
Appellant Daniel Joseph Miller pleaded guilty to an indictment accusing him of indecency with a child. The district court found him guilty and assessed punishment at imprisonment for twelve years.
The clerk's record contains a written waiver of appeal signed by appellant and his attorney. 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 appeal is dismissed.
Before Justices Jones, B. A. Smith and Yeakel
Dismissed
Filed: January 14, 1999
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