Opinion
No. 10-03-144-CR
August 27, 2003 DO NOT PUBLISH
From the 54th District Court, McLennan County, Texas, Trial Court # 2002-406-C.
Before Justice Vance, Justice Gray, and Senior Justice Hill (Sitting by Assignment)
MEMORANDUM OPINION
Robert Anthony Fluke pleaded guilty to two counts of aggravated sexual assault. Pursuant to a plea bargain, the court sentenced him to twenty years' imprisonment on both counts. Fluke timely filed a notice of appeal. The trial court's certification regarding Fluke's right of appeal states, "[T]his criminal case . . . is a plea-bargain case, and the defendant has NO right of appeal." Rule of Appellate Procedure 25.2(d) provides in pertinent part, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made a part of the record under these rules." Tex.R.App.P. 25.2(d). The trial court's certification affirmatively shows that Fluke has no right of appeal. Accordingly, we dismiss the appeal. Id.; see High v. State, No. 10-03-004-CR, slip op. at 2, 2003 Tex. App. LEXIS 4801, at *1 (Tex.App.-Waco June 4, 2003, no pet. h.); Walker v. State, No. 10-03-141-CR, slip op. at 3, 2003 Tex. App. LEXIS 4589, at *5 (Tex.App.-Waco May 28, 2003, no pet.). Appeal dismissed Opinion delivered and filed August 27, 2003