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 1 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CHARLES KREGER Justice Submitted on February 5, 2019 Opinion Delivered February 6, 2019 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2