Buttch Carlton Janes v. State
Buttch Carlton Janes v. State
Opinion
After accepting appellant Buttch Carlton Janes's guilty plea and judicial confession, the district court adjudged him guilty of unauthorized use of a motor vehicle. See Tex. Penal Code Ann. § 31.07 (West 1994). As called for in the plea bargain agreement, the court assessed punishment at incarceration in a state jail for one year and a $500 fine, probated.
The clerk's record 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 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 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 Jones, B. A. Smith and Yeakel
Dismissed for Want of Jurisdiction
Filed: August 31, 1999
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.