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Giles v. State

The appellant's written sworn waiver of the right to appeal made, not only after sentencing, but after his motion for new trial and notice of appeal had been filed, requires that his appeal be dismissed.

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OPINION

Appellant was convicted by a jury of aggravated assault, and assessed punishment at five years in prison. Appellant’s counsel filed a timely motion for new trial and notice of appeal. Forty-six days after the motion for new trial and notice of appeal were filed, appellant signed under oath a document entitled “Defendant’s Waiver of Appeal,” the text of which reads as follows:

Comes now the Defendant Quinton Lamont Giles, defendant in the above styled and numbered cause, following a jury’s verdict of guilty to the charge of aggravated assault and assessment of punishment by the jury at five (5) years in the Texas Department of Criminal Justice having been admonished of my right to appeal, specifically, the right to have heard the Motion for New Trial filed on my behalf and the right to appeal this case to the Court of Appeals waive all rights to appeal said conviction and sentence in exchange for the State’s agreement to dismiss cause numbers 30791, 34001, 34004 and 34013. I have reviewed the Motion for New Trial with my attorney and understand that by signing this waiver I will be prohibited from raising the issues addressed in said motion and any other grounds I may wish to use to overturn my conviction and sentence. Additionally, I understand that by signing this waiver I am waiving the right to complain of any issue on a post conviction writ. I have been appointed Gordon M. White to represent me on appeal and I have been advised of the right to have a transcript provided free of charge. I understand that I am giving up these rights by signing this waiver of appeal.

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