Ex parte Townsend, 52480
| Decision Date | 07 July 1976 |
| Docket Number | No. 52480,52480 |
| Citation | 538 S.W.2d 419 |
| Court | Texas Court of Criminal Appeals |
| Parties | Ex parte Curtis TOWNSEND. |
Duncan F. Wilson, Austin, for appellant.
Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
DALLY, Commissioner.
This is a post conviction writ of habeas corpus proceeding. See Article 11.07, V.A.C.C.P.
The petitioner, who was convicted for the offense of felony theft, asserts that he has been denied the right of appeal. The question presented is whether a defendant is bound by his agreement to waive appeal when the agreement is made prior to trial.
The trial court heard the petitioner's application for writ of habeas corpus on May 10, 1976. There are no findings of fact, conclusions of law, or recommendations concerning granting or denial of relief.
The documents introduced in evidence at the habeas corpus hearing include the Indictment, Judgment, Sentence, Defendant's Plea of Guilty, Waiver, Stipulation and Judicial Confession, Notice of Appeal, and Order Denying Notice of Appeal.
The petitioner, on March 17, 1976, before entering the plea of guilty agreed in writing that:
'I further understand that in the event I am convicted I have the legal right of appeal to the Court of Criminal Appeals of Texas, and also the right to be represented on appeal by an attorney of my choice or if I am too poor to pay for such attorney or the record on appeal, the Court will, without expense to me provide an attorney and a proper record for such an appeal, but after consulting with my attorney I voluntarily and knowingly and intelligently, waive my right to appeal, except for any good cause which I may show to the court in a motion for new trial.'
Judgment was entered on March 17, 1976; on April 1, 1976, punishment was assessed and sentence pronounced. On April 9th, written notice of appeal was filed and the court entered the 'Order Denying Defendant's Notice of Appeal.'
In Smith v. State, 440 S.W.2d 843 (Tex.Cr.App.1969), the defendant had entered into a pretrial agreement to waive the filing of a motion for new trial. Presiding Judge Woodley, in writing for the Court, said:
'We express the view that a defendant should not be deprived of the opportunity to file a motion for new trial by reason of a waiver filed prior to the trial and at a time when he could not know whether he would desire or have reason or ground for seeking a new trial.'
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Carson v. State
...certainty what punishment would be assessed. Ex parte Thomas , 545 S.W.2d 469, 469–70 (Tex. Crim. App. 1977) ; Ex parte Townsend , 538 S.W.2d 419, 420 (Tex. Crim. App. 1976). However, in Blanco v. State , the court upheld a waiver of appeal that was executed after conviction, but before sen......
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Dinnery v. State
...court in writing, and be filed in the file of the papers of the cause."6 This waiver of appeal is void on its face, Ex parte Townsend, 538 S.W.2d 419 (Tex.Cr.App.1976), but nevertheless reflects that appellant's failure to take a direct appeal from his original conviction was not a "tactica......
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Talbott v. State
...of Criminal Appeals held a defendant could not waive her right to appeal, either pre-trial or pre-sentencing. See Ex parte Townsend, 538 S.W.2d 419, 420 (Tex.Crim. App.1976); Ex parte Dickey, 543 S.W.2d 99, 101 (Tex.Crim.App.1976); Ex parte Thomas, 545 S.W.2d 469, 470 (Tex.Crim. App.1977). ......
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Monreal v. State
...of law, be made knowingly, voluntarily, and intelligently. Ex parte Thomas, 545 S.W.2d 469 (Tex.Crim.App. 1977); Ex parte Townsend, 538 S.W.2d 419 (Tex.Crim.App.1976). The reason for that holding was that the right to appeal had not yet matured, the defendant had no way of knowing with cert......
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Post-Trial Issues
...of law, be made knowingly, voluntarily, and intelligently. Ex parte Thomas, 545 S.W.2d 469 (Tex. Crim. App. 1977); Ex parte Townsend, 538 S.W.2d 419 (Tex. Crim. App. 1976). A waiver of the right to appeal executed at the time a defendant is placed on deferred adjudication does not constitut......
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Post-Trial Issues
...of law, be made knowingly, voluntarily, and intelligently. Ex parte Thomas, 545 S.W.2d 469 (Tex. Crim. App. 1977); Ex parte Townsend, 538 S.W.2d 419 (Tex. Crim. App. 1976). A waiver of the right to appeal executed at the time a defendant is placed on deferred adjudication does not constitut......
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Post-Trial Issues
...of law, be made knowingly, voluntarily, and intelligently. Ex parte Thomas, 545 S.W.2d 469 (Tex. Crim. App. 1977); Ex parte Townsend, 538 S.W.2d 419 (Tex. Crim. App. 1976). A waiver of the right to appeal executed at the time a defendant is placed on deferred adjudication does not constitut......
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Post-Trial Issues
...of law, be made knowingly, voluntarily, and intelligently. Ex parte Thomas, 545 S.W.2d 469 (Tex. Crim. App. 1977); Ex parte Townsend, 538 S.W.2d 419 (Tex. Crim. App. 1976). A waiver of the right to appeal executed at the time a defendant is placed on deferred adjudication does not constitut......