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Markham v. State

Court of Appeals of Texas, Sixth District, Texarkana
Nov 20, 2003
No. 06-03-00219-CR (Tex. App. Nov. 20, 2003)

Opinion

No. 06-03-00219-CR

Date Submitted: November 19, 2003.

Date Decided: November 20, 2003. DO NOT PUBLISH.

On Appeal from the 402nd Judicial District Court, Wood County, Texas Trial Court No. 16,492-2000.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Gary Lynn Markham, Jr., attempts to appeal the revocation of his community supervision and imposition of twelve years' imprisonment for the offense of attempted driving while intoxicated committed in 2000. Pursuant to a plea agreement, Markham answered true to the allegations in the State's application to revoke community supervision. The record demonstrates that the trial court held a hearing on Markham's right of appeal and denied it. On October 2, 2003, the trial court, in accordance with Rule 25.2, Footnoteentered its certification of defendant's right to appeal, stating that this "is a plea-bargain case, and the defendant has NO right of appeal." Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See Tex.R.App.P. 25.2(d). Because the trial court's certification affirmatively shows Markham has no right of appeal, we dismiss his appeal.


Summaries of

Markham v. State

Court of Appeals of Texas, Sixth District, Texarkana
Nov 20, 2003
No. 06-03-00219-CR (Tex. App. Nov. 20, 2003)
Case details for

Markham v. State

Case Details

Full title:GARY LYNN MARKHAM, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Nov 20, 2003

Citations

No. 06-03-00219-CR (Tex. App. Nov. 20, 2003)