Augustine Castillo, III v. State

• Court: Court of Appeals of Texas
• Decided: April 12, 2001
• Docket: 03-01-00172-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-01-00172-CR Augustine Castillo, III, Appellant

v.

The State of Texas, Appellee

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

NO. 51,578, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

PER CURIAM

Augustine Castillo, III, pleaded guilty to burglary of a habitation. See Tex. Penal Code Ann. § 30.02 (West Supp. 2001). The district court adjudged him guilty and assessed punishment at imprisonment for twenty years.

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 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 has the court's permission to pursue this appeal.

The appeal is dismissed.

Before Justices Kidd, B. A. Smith and Puryear

Dismissed for Want of Jurisdiction

Filed: April 12, 2001

Do Not Publish