Court of Criminal Appeals of Texas
George Hurd, Jr., Appellant v. the State of Texas, Appellee
February 9, 19771977 Tex. Crim. App. LEXIS 957
Summary
The Court of Criminal Appeals affirmed the conviction and five‑year sentence for burglary, holding that the trial court had permitted the appellant to withdraw his prior waiver of the right to appeal, thereby granting the appellate court jurisdiction. The majority relied on the record showing an addendum to the sentence and a docket entry indicating the trial court’s consent, and concluded the appeal was not frivolous. Justice Odom, dissenting, argued that the waiver was valid and that the addendum and docket entry did not withdraw it, and would have dismissed the appeal.