Juan Manuel Cervantes v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-02-00284-CR


Juan Manuel Cervantes, Appellant


v.



The State of Texas, Appellee






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

NO. 02-190-K368, HONORABLE BURT CARNES, JUDGE PRESIDING


Appellant Juan Manuel Cervantes pleaded guilty to aggravated assault. See Tex. Pen. Code Ann. § 22.02 (West 1994). The court adjudged him guilty and sentenced him to twenty years' imprisonment.

The clerk's record contains a written waiver of appeal signed by appellant. This document reflects a knowing and voluntary waiver of the right to appeal and 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). Appellant sought and was refused permission to appeal.



The appeal is dismissed.





__________________________________________

Jan P. Patterson, Justice

Before Justices Kidd, Patterson and Puryear

Dismissed for Want of Jurisdiction

Filed: June 13, 2002

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