Tonieka James v. State
Tonieka James v. State
Opinion
PER CURIAM
In each cause, appellant pleaded guilty and judicially confessed to felony theft. The district court adjudged appellant guilty and, pursuant to a plea bargain agreement, assessed punishment in each cause at imprisonment for nine years.
Each transcript contains a written waiver of appeal signed by appellant, her attorney, and the trial judge. These documents, which reflect a knowing and voluntary waiver of the right to appeal, were signed after judgment and sentence were imposed in open court.
A defendant who knowingly and intelligently waives her 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 records to indicate that appellant sought or obtained the permission of the trial court to pursue these appeals. We also note that the notices of appeal were not timely filed. See Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).
The appeals are dismissed.
Before Chief Justice Carroll, Justices Aboussie and Jones
Appeals Dismissed
Filed: March 29, 1995
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.