                                      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
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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Do Not Publish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.




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