Court of Civil Appeals of Texas, 1995

Tonieka James v. State

Tonieka James v. State
Court of Civil Appeals of Texas · Decided March 29, 1995

Tonieka James v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-95-00130-CR

NO. 03-95-00131-CR

NO. 03-95-00132-CR

AND

NO. 03-95-00133-CR





Tonieka James, Appellant



v.



The State of Texas, Appellee





FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NOS. 43,817, 44,436, 44,437 & 44,457

HONORABLE WILLIAM C. BLACK, JUDGE PRESIDING





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Do Not Publish

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