Opinion
No. 01-03-00721-CR
Opinion issued October 16, 2003. Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the 23rd District Court, Brazoria County, Texas, Trial Court Cause No. 40,923
Panel consists of Justices Taft, Jennings, and Hanks.
MEMORANDUM OPINION
On June 11, 2003, appellant pleaded true to the State's motion to revoke his community supervision with a plea bargain agreement. Appellant signed under oath a written stipulation of evidence in which, among other things, he waived the right to appeal. The document was also signed by appellant's counsel and the trial court. The trial court proceeded to find that appellant had violated the terms and conditions of his community supervision and, following the plea agreement, assessed punishment at confinement for two years. Despite having waived the right to appeal, appellant filed a pro se notice of appeal. The trial court's certification of appellant's right of appeal states that appellant waived the right of appeal. There is nothing in the record indicating that appellant's waiver of his right to appeal was not voluntarily, knowingly, and intelligently made. A valid waiver of the right to appeal is enforceable. Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.); cf. Alzarka v. State, 90 S.W.3d 321, 323-24 (Tex.Crim.App. 2002) (holding the record directly contradicted and rebutted any presumption raised by the form waiver with numerous references to appeal from ruling on pretrial motion and trial court gave consent for appeal). Accordingly, we order the appeal dismissed.
The certification also states that this "is a plea-bargain[ed] case, and the defendant has NO right of appeal." We find it unnecessary to decide whether this probation-revocation appeal is limited by Rule 25.2(a)(2) of the Rules of Appellate Procedure. See Sanchez v. State, 109 S.W.3d 760, 761 (Tex.App.-San Antonio 2003, no pet.) (order) (holding that because the former rule did not limit probation-revocation appeals, they were not limited by Rule 25.2); Tex.R.App.P. 25.2(a)(2).