Robert Anthony Fluke v. State

Robert Anthony Fluke v. State IN THE TENTH COURT OF APPEALS No. 10-03-144-CR ROBERT ANTHONY FLUKE, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court # 2002-406-C MEMORANDUM OPINION Robert Anthony Fluke pleaded guilty to two counts of aggravated sexual assault. Pursuant to a plea bargain, the court sentenced him to twenty years’ imprisonment on both counts. Fluke timely filed a notice of appeal. The trial court’s certification regarding Fluke’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 Fluke has no right of appeal. Accordingly, we dismiss the appeal. Id.; see High v. State, No. 10-03-004-CR, slip op. at 2, 2003 Tex. App. LEXIS 4801, at *1 (Tex. App.—Waco June 4, 2003, no pet. h.); Walker v. State, No. 10-03-141-CR, slip op. at 3, 2003 Tex. App. LEXIS 4589, at *5 (Tex. App.—Waco May 28, 2003, no pet.). PER CURIAM Before Justice Vance, Justice Gray, and Senior Justice Hill (Sitting by Assignment) Appeal dismissed Opinion delivered and filed August 27, 2003 Do not publish [CR25]