Roby Trevino Vickers v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-02-00278-CR
Roby Trevino Vickers , Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 52,677, HONORABLE JOE CARROLL, JUDGE PRESIDING
Appellant Roby Trevino Vickers pleaded guilty to burglary of a habitation. See Tex. Pen.
Code Ann. ' 30.02 (West Supp. 2002). The district court adjudged him guilty and assessed punishment at
imprisonment for ten years, as called for in a plea bargain agreement.
The clerk=s record contains a written waiver of appeal signed by appellant and his attorney.
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). There is nothing in the record to indicate that appellant
sought or obtained the permission of the trial court to pursue this appeal. Appellant=s general notice of
appeal is inadequate to confer jurisdiction on this Court. Tex. R. App. P. 25.2(b)(3); see Cooper v. State,
45 S.W.3d 77, 79 (Tex. Crim. App. 2001); Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.CAustin
2001, no pet.).
The appeal is dismissed.
__________________________________________
Lee Yeakel, Justice
Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel
Dismissed for Want of Jurisdiction
Filed: May 16, 2002
Do Not Publish
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