Gary Lee Smith v. State ( 2006 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-06-240-CR  

GARY LEE SMITH                                                                APPELLANT

                                                   V.

THE STATE OF TEXAS                                                                STATE

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           FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY

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                                MEMORANDUM OPINION^[1]

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Gary Lee Smith is attempting to appeal his conviction and sentence for indecency with a child by contact.  We dismiss the appeal.

The trial court certified that appellant has waived his right of appeal and provided us a copy of appellant=s written waiver, which appellant signed after being convicted and sentenced.  On July 24, 2006, we notified appellant by letter of the trial court=s certification.  Although appellant has responded to our letter, he does not assert that his waiver is invalid.

A valid waiver of appeal, whether negotiated or non‑negotiated, will prevent a defendant from appealing without the trial court=s consent.^[2]   The trial court did not consent to appellant=s appeal in this case. Accordingly, we dismiss the appeal.^[3]

PER CURIAM

PANEL D:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  SEPTEMBER 28, 2006

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^[1]See Tex. R. App. P. 47.4.

^[2]Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).

^[3]Id.; see Tex. R. App. P. 25.2(d) (providing that an appeal must be dismissed unless the trial court=s certification shows that the defendant has the right of appeal).