Darriel Paul Dilworth v. State

• Court: Court of Appeals of Texas
• Decided: January 24, 2003
• Docket: 03-02-00804-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00804-CR NO. 03-02-00805-CR

Darriel Paul Dilworth, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NOS. 53947 & 54053, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Darriel Paul Dilworth seeks to appeal from judgments of conviction for forgery and

possession of cocaine. The clerk=s records contain written waivers of appeal signed by appellant, his

attorney, and the trial judge. These documents, which reflect a knowing and voluntary waiver of the right to

appeal, were signed on the day sentences were 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

records to indicate that appellant sought or obtained the permission of the trial court to pursue these

appeals. The appeals are dismissed.

__________________________________________

Jan P. Patterson, Justice

Before Justices Kidd, Yeakel and Patterson

Dismissed for Want of Jurisdiction

Filed: January 24, 2003

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