Robert Anthony Fluke v. The State of Texas--Appeal from 54th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-03-00144-CR

Case Date: 08/27/2003

Plaintiff: Robert Anthony Fluke

Defendant: The State of Texas--Appeal from 54th District Court of McLennan County

Preview:Robert Anthony Fluke v. The State of Texas--Appeal from 54th District Court of McLennan County
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,

file:///C|/Users/Peter/Desktop/opinions/PDFs1/5361.html[8/20/2013 7:18:33 PM]

Justice Gray, and Senior Justice Hill (Sitting by Assignment) Appeal dismissed Opinion delivered and filed August 27, 2003 Do not publish [CR25]

file:///C|/Users/Peter/Desktop/opinions/PDFs1/5361.html[8/20/2013 7:18:33 PM]

Download 5361.pdf