The trial court sentenced Franklin Burnon Cook, Jr. on a conviction for forgery. Cook filed a notice of appeal. The trial court signed a certification in which the court certified that the defendant waived his right of appeal. See Tex. R. App. P. 25.2(a)(2). The certification was personally signed by Cook and his counsel. Although the certification does not indicate this was a plea-bargain case, the record reflects that this was a plea-bargain case.

Although the record also contains a request for permission to appeal, in which Cook's counsel stated that the punishment did not exceed that recommended by the prosecutor and agreed to by Cook and his attorney, the record does not reflect the trial court granted the request. Cook must either specify matters raised by written motion and ruled on before trial, or obtain the trial court's permission to appeal. See Tex. R. App. P. 25.2(a)(2). He has done neither.

We notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant filed a response in which he argued that he should have been allowed to withdraw his plea.

Because the record does not contain a certification that shows the defendant has the right of appeal, and the record does not otherwise reflect that he does, this Court must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

_________________________________

DAVID GAULTNEY

Justice

Opinion Delivered May 27, 2009

Do not publish

Before McKeithen, C.J., Gaultney and Horton, JJ.