Opinion
No. 10-03-00016-CR
Opinion delivered and filed October 13, 2004. DO NOT PUBLISH.
Appeal from the Criminal District Court Jefferson County, Texas, Trial Court # 86227. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
This is an appeal of a conviction for forgery. Appellant filed "Defendant's Post Conviction Waivers" waiving the right to file a notice of appeal. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003). Appellant filed a motion for permission to appeal, but the record does not show that the trial court ruled on the motion. Accordingly, we dismiss. See id. (Justice Vance dissents with a note: First, this is not a plea bargain case. The State recommended one sentence; the defendant another. No permission is required to appeal. Second, the "post-conviction" waiver does not appear to be post conviction at all. The waiver was signed on October 23, 2002, and Morris was convicted on November 18, 2002. Third, we should allow Morris an opportunity to amend his notice of appeal rather than dismissing the case. Emich v. State, 134 S.W.3d 487, 488-89 (Tex.App.-Waco 2004, no pet. h.) (defects in the notice of appeal that do not affect whether the instrument filed with the clerk is actually a notice of appeal do not prevent the appellate court from having jurisdiction over the appeal)).