Sterling Shepard v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-93-438-CR



STERLING SHEPARD,

APPELLANT

vs.





THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 0932366, HONORABLE TOM BLACKWELL, JUDGE PRESIDING

PER CURIAM

Sterling Shepard seeks to appeal from a judgment of conviction for delivery of cocaine, a controlled substance. Tex. Health & Safety Code Ann. § 481.112 (West 1992). The punishment is imprisonment for fifteen years.

The transcript contains a written waiver of appeal signed by appellant, his attorney, and the trial judge. This document, which reflects a knowing and voluntary waiver of the right to appeal, was signed seven days after 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 Powers, Jones and Kidd

Appeal Dismissed

Filed: November 24, 1993

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