Jeffrey Shawn Morris v. State

MARY'S OPINION HEADING NO. 12-03-00208-CR NO. 12-03-00209-CR NO. 12-03-00210-CR NO. 12-03-00211-CR NO. 12-03-00212-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JEFFREY SHAWN MORRIS, § APPEAL FROM THE 7TH APPELLANT V. § JUDICIAL DISTRICT COURT OF THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant attempts to appeal his conviction and sentence. Because Appellant waived his right to appeal, we dismiss. A defendant may waive many of his rights including the right to appeal. Riley v. State, 963 S.W.2d 932, 933 (Tex. App.-Austin 1998, pet. ref'd); Smith v. State, 858 S.W.2d 609, 611 (Tex. App.-Amarillo 1993, pet. ref'd); see also Tex. Crim. Proc. Code Ann. art. 1.14(a) (Vernon 2002). A knowing and intelligent waiver of the right to appeal made after sentence is imposed will prevent a defendant from appealing without the consent of the trial court. Ex parte Tabor, 565 S.W.2d 945 (Tex. Crim. App. 1978); Riley, 963 S.W.2d at 933. "No attack on a waiver of the right to appeal will be entertained without factual allegations supporting a claim of coercion or involuntariness." Smith, 858 S.W.2d at 609. In the instant case, Appellant entered an open plea to three counts of aggravated sexual assault of a child, one count of indecency with a child, and one count of sexual assault. Sentence was imposed on May 30, 2003. Following conviction and the imposition of sentence, Appellant filed a "Waiver of Motion for New Trial and Motion in Arrest of Judgment and Waiver of Right to Appeal," which was signed by Appellant and his attorney, and approved in writing by the trial court. We find no indication in the record that the trial court subsequently gave Appellant permission to appeal. On August 28, 2003, we notified Appellant that the certification stated that the record contains a waiver of his right to appeal. We also informed Appellant that the appeal would be dismissed unless he established the jurisdiction of this court on or before September 8, 2003. To date, Appellant has neither established the jurisdiction of this court nor responded to the August 28 notice. Accordingly, this appeal is dismissed. Opinion delivered September 24, 2003. Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J. (DO NOT PUBLISH)