Opinion
No. 10-02-145-CR.
Opinion delivered and filed May 21, 2003. DO NOT PUBLISH.
From the County Court at Law, Coryell County, Texas, Trial Court # 01-50062.
Before Chief Justice Davis, Justice Vance, and Justice Gray
MEMORANDUM OPINION
A jury found Michelle Renae Griffin guilty of driving while intoxicated. The jury assessed punishment at three days in jail and a $200 fine. Pursuant to a recommendation from the jury, the trial court suspended Griffin's confinement sentence and placed her on community supervision for two years. We dismiss Griffin's appeal because she signed a waiver of her right to appeal. Griffin's case was tried over two days; that being April 29, 2002 and May 1, 2002. Sentencing was scheduled for May 2, 2002. The trial court placed Griffin on community supervision and signed a "Misdemeanor Probation Order." On a separate page from the order, Griffin signed a document acknowledging her receipt of the conditions of community supervision. In this document, Griffin also waived her right to appeal. Directly under the waiver, Griffin placed her signature and a thumbprint. The next day, Griffin filed a notice of appeal. A defendant in a criminal prosecution for any offense, except in a capital felony case, may waive any rights secured by law. Tex. Code Crim. Proc. Ann. art. 1.14(a) (Vernon Supp. 2003). This includes the right to appeal. Hill v. State, 929 S.W.2d 607, 608 (Tex.App.-Waco 1996, no pet.). A knowing and intelligent waiver of the right to appeal, whether negotiated or not, is binding on a defendant and prevents her from appealing any issue in the cause without the consent of the trial court. Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003); Hill, 929 S.W.2d at 608. And no attack on a waiver will be entertained in the absence of factual allegations supporting the claim that the waiver was involuntary or coerced. Ex parte Tabor, 565 S.W.2d 945, 946 (Tex.Crim.App. 1978) (citing Ex parte Hogan, 556 S.W.2d 352, 353 (Tex.Crim.App. 1977)). Griffin's waiver was signed the same day as the trial court signed the misdemeanor probation order. There is nothing in the record that would indicate the waiver was not knowingly and intelligently made. Griffin has not tried to disavow her waiver. She has also not shown that the trial court gave her permission to appeal. Thus, we conclude her waiver is valid and binding. Griffin is prevented from bringing this appeal. We dismiss Griffin's appeal on the ground she is prevented from appealing by her waiver of her right to appeal. Dismissed