Opinion
No. 14-05-00176-CR
Opinion Filed April 7, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 23rd District Court, Brazoria County, Texas, Trial Court Cause No. 46,174.
Dismissed.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
Appellant pled guilty on December 7, 2004, to the offense of aggravated assault without an agreed recommendation from the State as to punishment. As part of the plea, appellant signed a written waiver of his right to appeal. Because appellant has waived his right to appeal, we dismiss. The trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant had 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). A waiver of the right of appeal is binding even if the defendant did not receive a benefit in return for the waiver. Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003). The issue in determining whether a waiver of the right to appeal is binding is whether the waiver was "voluntary, intelligent and knowing. Id. Here, appellant was advised of his right to appeal, the right to representation on appeal, and his signature on the plea papers signifies his agreement to the waiver and his understanding of the consequences of his plea. Accordingly, we find appellant's waiver of the right to appeal is a valid, binding waiver.
Accordingly, we dismiss the appeal.