Opinion issued April 19, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-12-00043-CR

____________

VICTOR JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1250677

MEMORANDUM OPINION

          Appellant, Victor Jackson, appeals the trial court’s judgment revoking his community supervision and adjudicating guilt. Because appellant waived his right of appeal, we dismiss.

An appeal must be dismissed unless a certification showing that the defendant has the right of appeal has been made part of the record.  Tex. R. App. P. 25.2(d).  A valid waiver of appeal prevents a defendant from appealing without the trial court’s consent. Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).

The record shows that appellant pleaded guilty to the felony offense of possession of a controlled substance, pursuant to an agreement with the State that adjudication of guilt be deferred and that appellant be placed on community supervision for five years.  In accordance with the agreement, the trial court deferred adjudication, placed appellant on five years of community supervision, and assessed a $500 fine. 

Subsequently, the State moved to revoke appellant’s supervision and to adjudicate guilt.  The record reflects that appellant and his attorney signed a stipulation of evidence and judicial confession in which appellant pleaded “true” to every allegation in the State’s petition to proceed to adjudication.  The document contains the court’s admonishments, an agreement that the State would recommend punishment of confinement for six years and a $500 fine, and a “Waiver of Appeal,” stating, “As part of my agreement with the prosecutor to plead true, I agree to waive any right of appeal I may have concerning any issue or claim in this case, including my plea o[f] true or admission of guilt.”  The trial court revoked appellant’s community supervision, adjudicated appellant guilty, and, in accordance with appellant’s agreement with the State, assessed punishment at confinement for six years and a $500 fine. 

When, as here, a defendant waives his right of appeal as part of an agreement on sentencing and the agreement is followed by the trial court, his waiver is made knowingly, intelligently, and voluntarily, and he may not appeal any matters unless the trial court first grants permission.  Ex parte Broadway, 301 S.W.3d 694, 697–99 (Tex. Crim. App. 2009).  The record shows that the trial court did not give its permission to appeal; rather, it certified that appellant waived the right of appeal.  The records support the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Because appellant has no right of appeal, we must dismiss this appeal. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss the appeal for want of jurisdiction.  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Sharp.

Do not publish.  Tex. R. App. P. 47.2(b).