Opinion
No. 06-04-00037-CR.
Submitted: March 9, 2004.
Decided: March 10, 2004. DO NOT PUBLISH.
On Appeal from the 124th Judicial District Court Gregg County, Texas, Trial Court No. 29009-B.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Christopher Damone Davis entered a plea of guilty, without a plea agreement, to the indictment charging him with possession of a controlled substance with intent to deliver. On January 20, 2004, the trial court rendered judgment against Davis and sentenced him to twenty-five years' confinement. On that same day, after sentencing, Davis signed a waiver of his right to file a motion for new trial and his right of appeal. The trial court's certification of Davis' right of appeal reflects such a waiver. A criminal defendant is given the right of appeal. TEX. R. APP. P. 25.2. A defendant in a noncapital felony case is also given the right to waive any right secured to him by law. TEX. CODE CRIM. PROC. ANN art. 1.14 (Vernon Supp. 2004). Since Davis, represented by appointed counsel, signed the waiver of his right of appeal after the trial court pronounced judgment and sentence against him, we treat this as a valid waiver of Davis' right of appeal. See Dorsey v. State, 84 S.W.3d 8, 10 (Tex. App.-Texarkana 2002, no pet.). Davis' subsequent notice of appeal does not withdraw or affect his prior waiver. See id.; Ex parte Tabor, 565 S.W.2d 945, 946 (Tex.Crim.App. 1978). We are without jurisdiction over this matter. Accordingly, we dismiss Davis' appeal.
TEX. HEALTH SAFETY CODE ANN. § 481.115(e) (Vernon 2003).
Davis has not made any allegations suggesting his waiver was coerced or involuntary. Thus, we cannot consider this appeal as an attack on the waiver. See Ex parte Tabor, 565 S.W.2d 945, 946 (Tex.Crim.App. 1978).