Opinion filed April 19, 2018

In The

Eleventh Court of Appeals 

____________

Nos. 11-18-00022-CR, 11-18-00023-CR, 11-18-00024-CR,

11-18-00025-CR, & 11-18-00026-CR

____________

TOMMY JAMES MORRIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause Nos. C-16-0767-CR, A-16-1107-CR, 

A-16-1187-CR, A-16-1245-CR, & D-45,945 

M E M O R A N D U M O P I N I O N

Appellant originally pleaded guilty to the following offenses in the abovenumbered causes, respectively: unauthorized use of a vehicle, evading arrest or 

detention with a vehicle, unauthorized use of a vehicle, theft–aggregated, and 

evading arrest or detention. The trial court placed Appellant on community 

supervision in each cause. The State later filed a motion to revoke community 

supervision or a motion to adjudicate guilt, as applicable, in each cause. The trial 
2

court revoked Appellant’s community supervision and, in the causes in which a 

finding of guilt had been deferred, adjudicated Appellant guilty. In cause no. A-16-

1107-CR, the trial court assessed Appellant’s punishment at confinement for five 

years and a fine of $1,000; in the remaining causes, the trial court assessed 

Appellant’s punishment at eighteen months in a state jail facility. In conjunction 

with the revocation and adjudication proceeding, Appellant waived his right of 

appeal in each cause. We dismiss the appeals. 

The clerk of this court notified Appellant of this court’s concern regarding 

Appellant’s waivers of his right of appeal. We requested that Appellant respond and 

show grounds to continue the appeals. Appellant has not filed a response. 

The clerk’s records reflect that, in each cause, Appellant entered into an 

agreement of jail time and signed a waiver of his right of appeal in which he waived

various rights, including his right to appeal. The waivers provide as follows: 

I, the Defendant in the above entitled and numbered cause, 

having had my probationary sentence revoked and sentence 

pronounced, hereby expressly state as a fact that I have been fully 

informed by the Judge of this Court and by my attorney and I know, 

that I have the legal right of appeal from this revocation to the Court of 

Appeals . . . , and also the right to be represented on appeal by an 

attorney . . . . 

With full knowledge and understanding of the above, I hereby, 

in Open Court, state that I do not desire to appeal and expressly waive 

my right of appeal and I hereby accept as final the Order revoking 

probation herein.

The waivers were signed by Appellant, his attorney, and the trial judge.

The trial court certified in each cause that Appellant had waived his right of 

appeal. See TEX. R. APP. P. 25.2(d). The records on file in these causes therefore

show that Appellant waived his right of appeal. Texas has “long held that a valid 

waiver of appeal prevents a defendant from appealing without the trial court’s

consent.” Monreal v. State, 99 S.W.3d 615, 617 (Tex. Crim. App. 2003). A waiver 
3

of the right to appeal is valid if it was made voluntarily, knowingly, and intelligently.

Id. We note that the trial court has not given Appellant permission to appeal. 

Accordingly, we dismiss these appeals without further action. See id. at 622–23; see 

also TEX. R. APP. P. 25.2(d).

These appeals are dismissed. 

PER CURIAM

April 19, 2018

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Willson, J., 

Bailey, J., and Wright, S.C.J.1

 

1

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.