IN THE

TENTH COURT OF APPEALS

No. 10-03-004-CR

     EARL LEE HIGH,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 9723-A

MEMORANDUM OPINION

      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, No. 10-03-141-CR, slip op. at 3, 2003 Tex. App. LEXIS 4589, at *5 (Tex. App.—Waco May 28, 2003, no pet. h.).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed June 4, 2003

Publish

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