David Reitz v. State
David Reitz v. State
Opinion
David Reitz seeks to appeal from a judgment of conviction for burglary. 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 after sentence was 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 this appeal.
The appeal is dismissed.
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Mack Kidd, Justice
Before Justices Kidd, Puryear and Pemberton
Dismissed for Want of Jurisdiction
Filed: February 5, 2004
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.