Mark David Joseph v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 16, 2025
• Docket: 02-25-00335-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-25-00335-CR ___________________________

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Do Not Publish Tex.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