Opinion
No. 01-09-00290-CR
Opinion issued July 21, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Case No. 1119297.
Panel consists of Justices JENNINGS, BLAND, and MASSENGALE.
MEMORANDUM OPINION
Appellant, Sean Alex Gutierrez, pleaded guilty of burglary of a habitation without an agreed punishment recommendation with the State. The trial court deferred a finding of guilt and placed Gutierrez on six years' community supervision. Gutierrez subsequently violated the terms and conditions of his community supervision, and the State moved to adjudicate his guilt. The State and Gutierrez agreed to the sentence that the trial court should impose, and Gutierrez pleaded true to the motion to adjudicate. The Stipulation of Evidence signed by appellant at sentencing states that appellant waived his right of appeal as part of his agreement with the prosecutor. The trial court certified that appellant waived the right of appeal. Appellant filed a pro se notice of appeal. We dismiss. An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. TEX. R. APP. P. 25.2(d). Here, the trial court's certification, which is included in the record on appeal, states that the defendant has waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2), 25.2(d). The record supports the trial court's certification, and includes a Stipulation of Evidence signed by the appellant. The Stipulation of Evidence contains a waiver of appeal that, in exchange for a sentence of three years' confinement, states "[a]s part of my agreement with the prosecutor to plead true,I AGREE TO WAIVE any right to appeal I may have concerning any issue or claim in this case." When a defendant waives his right of appeal as part of an agreement on sentencing and his waiver is made knowingly, intelligently, and voluntarily, and he may not appeal any matters. Ex parte Delaney, 207 S.W.3d 794, 798-99 (Tex. Crim. App. 2006); Blanco, 18 S.W.3d at 219-20. Because appellant has no right of appeal, we must dismiss this appeal. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal."). Accordingly, we dismiss the appeal for want of jurisdiction. All pending motions are dismissed as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.