Opinion
No. 14-09-00059-CR
Opinion filed April 9, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 54th District Court McLennan County, Texas, Trial Court Cause No. 2007-1584-C2.
Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.
MEMORANDUM OPINION
Appellant pled guilty to the offense of robbery and was sentenced on December 17, 2007, to confinement for twenty-five years in the Texas Department of Criminal Justice, Institutional Division. Appellant signed a written waiver of appeal on December 17, 2007. On November 24, 2008, appellant filed in the trial court a motion for an out-of-time appeal and a notice of appeal. Even if this could be construed to constitute a revocation of appellant's previous waiver of the right of appeal, appellant has not been granted an out-of-time appeal. The clerk's record shows that the trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2). The trial court's certification is included in the record on appeal. See TEX. R. APP. P. 25.2(d). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex.Crim.App. 2005). Accordingly, the appeal is ordered dismissed.