Gary Lynn Markham v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00219-CR

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GARY LYNN MARKHAM, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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 by Chief Justice Morriss

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, // entered 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.

Josh R. Morriss, III

Chief Justice

Date Submitted: November 19, 2003

Date Decided: November 20, 2003

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