Dismissed and Memorandum Opinion filed January 15, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00681-CR

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GENE CLIFTON LAMBERT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1133018

M E M O R A N D U M   O P I N I O N

Appellant entered a Aguilty@ plea to driving while intoxicated.  The trial court sentenced appellant on July 17, 2008, to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal on July 17, 2008.  We dismiss the appeal. 

On December 4, 2008, we abated this appeal and ordered the trial court to conduct a hearing to determine the reason for the failure to file a brief.  The trial court conducted a hearing.  The hearing record establishes appellant waived his right to appeal in exchange for the sentence received.  Appellant knew with certainty the punishment that would be assessed.  See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003).  Thus, there is a valid waiver of the right to appeal.  Cf Blanco v. State, 18 S.W.3d 218, 219 (Tex. Crim. App. 2000).

Accordingly, the appeal is dismissed. 

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b)