Russell Lee Midkiff v. State

• Court: Court of Appeals of Texas
• Decided: February 6, 2019
• Docket: 09-18-00440-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-18-00440-CR ________________

RUSSELL LEE MIDKIFF, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 18-09-12844-CR __________________________________________________________________

MEMORANDUM OPINION

On December 20, 2018, the trial court sentenced Russell Lee Midkiff on a

conviction for assault. Midkiff filed a notice of appeal. The district clerk has

provided the trial court’s certification to the Court of Appeals. The trial court

certified that this is a plea-bargain case, and the defendant has waived the right of

appeal. See Tex. R. App. P. 25.2(a)(2).

On January 7, 2019, we notified the parties that we would dismiss the appeal

unless the appellant established grounds for continuing the appeal. No response has 1 been filed. Because the record does not contain a certification that shows the

defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P.

25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on February 5, 2019 Opinion Delivered February 6, 2019 Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.