On June 9, 2009, the trial court sentenced Robert Lynn Sheats as an habitual offender on a conviction for possession of a controlled substance, methamphetamine, in an amount of four grams or more but less than 200 grams. Sheats filed a notice of appeal on June 22, 2009. The trial court entered a certification of the defendant's right to appeal in which the court certified that the appellant waived the right of appeal. See Tex. R. App. P. 25.2 (a)(2). The district clerk has provided the trial court's certification to the Court of Appeals. On August 27, 2009, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2 (d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered September 23, 2009

Do not publish

Before Gaultney, Kreger, and Horton, JJ.