Mark David Joseph v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-25-00335-CR

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MARK DAVID JOSEPH, Appellant V.

THE STATE OF TEXAS

On Appeal from the 213th District Court Tarrant County, Texas Trial Court No. 1859081

Before Kerr, Birdwell, and Bassel, JJ.

Memorandum Opinion by Justice Kerr

MEMORANDUM OPINION

Pursuant to a charge bargain, Appellant Mark David Joseph pleaded guilty to felony driving while intoxicated, see Tex. Penal Code Ann. § 49.09(b), and the trial court assessed his punishment at seven years’ confinement. Appellant attempts to appeal his conviction. But the trial court signed a certification of Appellant’s right to appeal—which Appellant also signed—stating that this criminal case “is a plea-bargain case, and the defendant has NO right of appeal.”

After receiving Appellant’s notice of appeal, we notified him that we had received the trial court’s certification. We warned him that the appeal could be dismissed unless he or another party filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. We have received no response.

Thus, in accordance with the trial court’s certification, we dismiss Appellant’s appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Hatfield v. State, No. 02-24-00330-CR, 2025 WL 568526, at *1 (Tex. App.—Fort Worth Feb. 20, 2025, no pet.) (per curiam) (mem. op., not designated for publication).

/s/ Elizabeth Kerr

Elizabeth Kerr

Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: October 16, 2025