Ex parte Tabor

In Ex parte Tabor, 565 S.W.2d 945, 946 (Tex. Crim. App. 1978), the defendant pled guilty before the court, filed a written waiver of appeal, and then filed a timely notice of appeal. After he was arrested because he was erroneously out on an appeal bond, he challenged the denial of his right to appeal in an application for writ of habeas corpus. Id. In that case, the Court found the waiver was valid, and we applied the rule that a valid waiver of appeal, one made voluntarily, knowingly, and intelligently, will prevent a defendant from appealing without the consent of the trial court. Id. This rule had been implied in Reed v. State, 516 S.W.2d 680, 682 (Tex. Crim. App. 1974), where the defendant claimed his second trial was a nullity because the trial court did not have authority to grant a new trial after he waived appeal, and we held that a trial court can permit a defendant to perfect appeal despite a valid waiver of appeal. The rule was then adopted in Ex parte Dickey, 543 S.W.2d 99, 100 (Tex. Crim. App. 1976), where the defendant waived appeal pre-trial but confirmed the waiver after sentencing, and we found the waiver was made knowingly, voluntarily, and intelligently and therefore prevented the defendant from appealing any issue unless the trial court consented to the appeal. In adopting this rule, we rejected an alternative rule proposed as dicta in Abron v. State, 531 S.W.2d 643, 645 (Tex. Crim. App. 1976), that a valid waiver of appeal is "effective unless and until a timely notice of appeal is filed."