The court of appeals first held that appellee's written waiver of a new trial did not bar the trial court from granting relief. Relying upon Willis v. State , the court of appeals found this to be so because, by setting a hearing on the motion for new trial, "the trial court implicitly granted [a]ppellee permission to file her motion for new trial notwithstanding her waiver."State v. Arizmendi, No. 07-15-00238-CR, 2016 WL 2986041 *2, 2016 Tex. App. LEXIS 5385 *5 (Tex. App.—Amarillo May 19, 2016) (not designated for publication). 121 S.W.3d 400, 403 (Tex. Crim. App. 2003) (holding that trial court's permission to appeal controls over a defendant's previous waiver of the right to appeal in printed plea documents).