Scotty Wayne Allen 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

______________________________

No. 06-04-00014-CR

______________________________

SCOTTY WAYNE ALLEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 17,541-2003

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Scotty Wayne Allen attempts to appeal from an order placing him on deferred adjudication. The record reflects he was placed on deferred adjudication pursuant to a plea agreement. On December 15, 2003, the trial court, in accordance with Tex. R. App. P. 25.2(a)(2), entered its certification of Allen's right to appeal, stating that this "[i]s 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 Allen has no right of appeal, we dismiss his appeal.

We dismiss the appeal.

Donald R. Ross

Justice

Date Submitted: February 11, 2004

Date Decided: February 12, 2004

Do Not Publish