Anthony Bernard Ware v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00368-CR
Anthony Bernard Ware, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. 20,088-CR, HONORABLE EDWARD P. MAGRE, JUDGE PRESIDING
Appellant Anthony Bernard Ware pleaded guilty to possessing less than four grams of
cocaine. See Tex. Health & Safety Code Ann. ' 481.115(a), (c) (West Supp. 2002). The district court
adjudged appellant guilty and, pursuant to a plea bargain, assessed punishment at imprisonment for eight
years, suspended imposition of sentence, and placed him on community supervision. In his only point of
error, appellant contends the court erred by overruling his pretrial motion to suppress evidence.
In its reply brief, the State draws the Court=s attention to a written waiver of appeal signed
by appellant, his attorney, and the trial judge that appears in the clerk=s record. This document, which
reflects a knowing and voluntary waiver of the right to appeal, was signed on the day sentence was
suspended in open court. A defendant who knowingly and intelligently waives his right to appeal may not
thereafter appeal without the trial court=s consent. 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.
__________________________________________
Lee Yeakel, Justice
Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel
Dismissed
Filed: April 25, 2002
Do Not Publish
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