Court of Civil Appeals of Texas, 2002

Chad Thomas Pickett v. State

Chad Thomas Pickett v. State
Court of Civil Appeals of Texas · Decided April 11, 2002

Chad Thomas Pickett v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00208-CR

Chad Thomas Pickett, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 53,119, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

Appellant Chad Thomas Pickett pleaded guilty to burglary of a habitation. See Tex. Pen. Code Ann. § 30.02 (West Supp. 2002). Pursuant to a plea bargain, the court assessed punishment, enhanced by previous convictions, at imprisonment for sixty years. As part of his plea bargain, appellant promised not to appeal. See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim.

App. 2000).

The clerk’s record contains a written waiver of appeal signed by appellant and his attorney. This document, which reflects a knowing and voluntary waiver of the right to appeal, was signed on the day sentence was imposed. 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). The district court expressly denied permission to appeal.

The appeal is dismissed.

Jan P. Patterson, Justice Before Justices Kidd, Patterson and Puryear Dismissed for Want of Jurisdiction Filed: April 11, 2002 Do Not Publish

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