David Jay Goltl v. State

• Court: Court of Appeals of Texas
• Decided: October 10, 2002
• Docket: 03-02-00382-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00382-CR

NO. 03-02-00383-CR

David Jay Goltl, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT

NO. A-02-0352-S & A-02-0353-S, HONORABLE RAE LEIFESTE, JUDGE PRESIDING

David Jay Goltl seeks to appeal from judgments of conviction for evading arrest and unauthorized use of a motor vehicle. The clerk's records contain written waivers of appeal signed by appellant and his attorney. These documents, which reflect a knowing and voluntary waiver of the right to appeal, were 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). The records indicate that the court denied permission to appeal. Moreover, appellant's notices of appeal do not comply with Texas Rule of Appellate Procedure 25.2(b)(3). See Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.--Austin 2001, no pet.).

The appeals are dismissed.

Mack Kidd, Justice

Before Justices Kidd, B. A. Smith and Yeakel

Dismissed for Want of Jurisdiction

Filed: October 10, 2002

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