IN THE
TENTH COURT OF APPEALS
No. 10-05-00243-CV
In the Interest of
R.S., T.S., R.A.S., M.P., and D.P., Children
From the 220th District Court
Bosque County, Texas
Trial Court No. 03-12-33003-BCFM
MEMORANDUM Opinion
Appellants have filed a “Motion to Dismiss Appeal.” See Tex. R. App. P. 42.1(a)(1). Appellants have personally signed the motion.
The motion states that Appellants’ counsel conferred with the ad litem and with opposing counsel and that they do not oppose the motion. Dismissal of this cause would not prevent a party from seeking relief to which it would otherwise be entitled.
Appellants’ motion to dismiss is granted. The appeal is dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 12, 2005
[CV06]
0;
O P I N I O N
A grand jury indicted Jeff D. Tate for the offense of burglary of a habitation. See Act of May 29, 1993, 73d Leg., R.S., ch. 900, § 1.01, sec. 30.02(a)(1), (c)(2), 1993 Tex. Gen. Laws 3586, 3633 (amended 1999) (current version at Tex. Penal Code Ann. § 30.02(a)(1), (c)(2) (Vernon Supp. 2000)). Tate pleaded guilty to the lesser-included offense of burglary of a building. See Tex. Pen. Code Ann. § 30.02(c)(1) (Vernon Supp. 2000). Pursuant to the State’s plea recommendation, the court assessed Tate’s punishment at eighteen months’ confinement in a state jail facility. Seven days later, Tate filed a pro-se notice of appeal.
At the time of sentencing, Tate signed a document waiving his right of appeal. Tate’s counsel also signed the waiver, affirming her belief that Tate “fully understands his right of appeal and desires for valid reasons to waive such right.” A criminal defendant may waive many of his rights, including the right to appeal a conviction. Clayburn v. State, 985 S.W.2d 624, 625 (Tex. App.—Waco 1998, no pet.); Doyle v. State, 888 S.W.2d 514, 517 (Tex. App.—El Paso 1994, pet. ref'd). A knowing and intelligent waiver of the right to appeal is binding on the defendant and prevents him from appealing any issue in the cause without the consent of the court. Ex parte Tabor, 565 S.W.2d 945, 946 (Tex. Crim. App. 1978) (op. on reh’g); Clayburn, 985 S.W.2d at 625.
The record before us does not indicate that Tate obtained the permission of the trial court to appeal his conviction or that he has disavowed his waiver. See Clayburn, 985 S.W.2d at 625. Accordingly, we conclude that the waiver is valid, and we dismiss the appeal.
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Appeal dismissed
Opinion delivered and filed March 15, 2000
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