High v. State

115 S.W.3d 581, 2003 WL 21299383

• Court: Court of Appeals of Texas
• Decided: November 5, 2003
• Docket: 10-03-004-CR
• Status: Published

Opinion

MEMORANDUM OPINION

PER CURIAM.

Earl Lee High pleaded guilty to possession of less than one gram of cocaine. He pleaded true to the State’s enhancement allegations. Pursuant to a plea bargain, the court sentenced him to twenty years’ imprisonment. High timely filed a notice of appeal.

The trial court’s certification regarding High’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 High has no right of appeal. Accordingly, we dismiss the appeal. Id.; see Walker v. State, 110 S.W.3d 509, 511 (Tex.App.-Waco 2003, no pet. h.).