TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00695-CR

John Ellis, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. D-1-DC-09-301521, HONORABLE CHARLES F. BAIRD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant John Ellis seeks to appeal a judgment of conviction for delivery of a controlled substance. The trial court has certified that Ellis waived his right of appeal. A waiver of the right to appeal that is freely and voluntarily made is binding upon the appellant. Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). The appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).

___________________________________________ Diane M. Henson, Justice Before Justices Patterson, Puryear and Henson Dismissed for Want of Jurisdiction Filed: January 27, 2010 Do Not Publish