Opinion
No. 10-07-00255-CR
Opinion delivered and filed September 5, 2007. DO NOT PUBLISH.
Appeal from the 361st District Court Brazos County, Texas Trial Court No. 07-03040-CRF-361. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Bobby Duane Rhodes pleaded guilty to felony driving while intoxicated, and the court sentenced him to ten years' imprisonment pursuant to a plea agreement. Rhodes filed a pro se notice of appeal. We will dismiss because Rhodes waived the right of appeal. A waiver of appeal is valid and binding if it is voluntarily, intelligently and knowingly made. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003). Rhodes was represented by counsel in the trial court. There is nothing in the record to suggest that his waiver of appeal was not voluntarily, intelligently and knowingly made. See Ogden v. State, 134 S.W.3d 487, 487 (Tex.App.-Waco 2004, no pet.) (mem. op.) (per curiam). Accordingly, we dismiss the appeal.