Opinion issued May 10, 2007
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-06-00081-CR
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EFREN GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Cause No. 912015
MEMORANDUM OPINION
Appellant, Efren Garcia, pleaded guilty to the third degree felony offense of possession of a controlled substance, heroin. In accordance with his plea bargain agreement with the State, the trial court deferred adjudication of guilt, placed appellant on community supervision for four years, and assessed a fine of $300. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true. Contemporaneously with his plea of true, appellant, appellant's counsel, and the prosecutor signed a document styled stipulation of evidence that included a judicial confession, waiver of constitutional rights, and waiver of appeal. The stipulation included among others, the following statements:
I judicially confess that it is true that I violated the terms and conditions of my probation and that the allegations in the attached State's motion are true.
I intend to enter a plea of true to the State's motion.
I understand that the prosecutor will recommend that I be adjudicated guilty in this cause and my punishment should be set at three years Texas Department of Criminal Justice and fine of $300 and I agree to that recommendation.
As part of my agreement with the prosecutor to plead true, I agree to waive any right to appeal I may have concerning any issue or claim in this case, including my plea of true or admission of guilt.
Appellant wrote his initials beside each of the statements. After a hearing, the trial court found to be true the State's allegation that appellant had violated the conditions of his community supervision, and found appellant guilty of the original charge. The trial court sentenced him to confinement for three years and assessed a fine of $300. Despite having waived the right to appeal, appellant filed a pro se notice 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. There is also nothing indicating that the trial court gave his consent for an appeal. In fact, the contrary is true. The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted."
A valid waiver of the right to appeal will prevent a defendant from appealing without the consent of the trial court. Willis v. State, 121 S.W.3d 400, 403 (Tex. Crim. App. 2003); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). The record indicates that appellant's waiver of his right to appeal was voluntarily, knowingly, and intelligently made.
Because the record in this case reflects that appellant's waiver of the right to appeal was valid and that the trial court did not consent to an appeal, we order the appeal dismissed.
All pending motions are denied as moot.PER CURIAM
Panel consists of Chief Justice Radack, and Justices Keyes and Higley.
Do not publish. Tex. R. App. P. 47.2(b).