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