In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00163-CR

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RICHARD KIRK HIGH a/k/a ENRIQUE DIAZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 04-0132X

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Richard Kirk High, also known as Enrique Diaz, attempts to appeal his sentence of twenty years' imprisonment for the offense of burglary of a habitation, committed in 2004. Pursuant to a plea agreement, High pled guilty and received the agreed sentence.

            High has filed a pro se notice of appeal and a motion to withdraw his plea and have an attorney appointed for him on appeal. In his motion to withdraw the plea, High claims he did not understand the nature of the charges against him, he should have had his mental faculties examined, and his trial counsel was ineffective. The trial court certified that High's conviction was as a result of a plea bargain and that he therefore had no right to appeal. See Tex. R. App. P. 25.2(a)(2).

            Unless a certification, showing that a defendant has the right of appeal, is in the record, we must  dismiss  the  appeal.  See  Tex.  R.  App.  P.  25.2(d).  This  requirement  is  strictly  construed.