Court of Civil Appeals of Texas, 1994

Randy Chesteen v. State

Randy Chesteen v. State
Court of Civil Appeals of Texas · Decided November 2, 1994

Randy Chesteen v. State

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,


AT AUSTIN










NO. 3-94-534-CR

AND

NO. 3-94-535-CR






RANDY CHESTEEN,


APPELLANT



vs.






THE STATE OF TEXAS,


APPELLEE







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


NOS. 106,325 & 106,326, HONORABLE BOB PERKINS, JUDGE PRESIDING








PER CURIAM

Randy Chesteen seeks to appeal from judgments of conviction for burglary of a building and theft. In accord with a plea bargain agreement, the district court assessed punishment at imprisonment for fifteen years in the burglary cause and at incarceration for one year in the theft cause.

The record reflects that appellant, with the assistance of counsel, waived the right to appeal on the day judgment and sentence were 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 these appeals.

The appeals are dismissed.



Before Chief Justice Carroll, Justices Jones and Kidd;

Chief Justice Carroll Not Participating

Appeals Dismissed

Filed: November 2, 1994

Do Not Publish

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