Andrew Dwayne Ellis v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2000
• Docket: 03-00-00547-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00547-CR Andrew Dwayne Ellis, Appellant

v.

The State of Texas, Appellee

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

NO. 50,590, HONORABLE RICK MORRIS, JUDGE PRESIDING

PER CURIAM

Andrew Dwayne Ellis seeks to appeal his conviction for aggravated assault. The clerk's record contains a written waiver of appeal signed by appellant, his attorney, and the trial judge. The reporter's record reflects that appellant signed this document in open court after sentencing and after being admonished of his rights. 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 record reflects that appellant sought the court's permission to appeal, but permission was denied.

The appeal is dismissed.

Before Justices Jones, Yeakel and Patterson

Dismissed for Want of Jurisdiction

Filed: August 31, 2000

Do Not Publish