DISMISS and Opinion Filed July 1, 2021 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00339-CR 

GARY DON JENNINGS, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 203rd Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. F20-00545-P 

MEMORANDUM OPINION 

Before Justices Schenck, Reichek, and Carlyle 

Opinion by Justice Schenck 

Gary Don Jennings appeals his conviction for driving while intoxicated, third 

offense. After he pleaded guilty to the offense and true to the enhancement 

paragraph, the trial court found appellant guilty and the enhancement paragraph true, 

and sentenced him to ten years in prison, probated for six years. The trial court then 

certified this was a plea-bargain case and appellant had no right of appeal. Appellant 

filed a motion for new trial and a notice of appeal. 

After reviewing the notice of appeal and documents filed along with the 

notice, the Court sent the parties a letter, questioning the Court’s jurisdiction over 

the appeal. Appellate counsel responded, stating appellant had “no dispute regarding 
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how the trial court’s certification indicates that the case is a plea bargain case and 

that Appellant ‘has NO right to appeal.’” The State also filed a response, agreeing 

that appellant waived his right to appeal. 

Rule 25.2 governs the perfection of appeals in criminal cases and requires that 

the trial court certify an appellant’s right to appeal. TEX. R. APP. P. 25.2(a)(2). Rule 

25.2 also requires the recitations in a certification to be true and supported by the 

record. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) 

(certification not supported by record is defective); Carender v. State, 155 S.W.3d 

929, 930–31 (Tex. App.—Dallas 2005, no pet.); Waters v. State, 124 S.W.3d 825, 

826 (Tex. App.—Houston [14th Dist.] 2003, pet. ref’d). 

There are two basic kinds of plea bargains that affect punishment: (1) sentence 

bargaining and (2) charge bargaining. See Shankle v. State, 119 S.W.3d 808, 813 

(Tex. Crim. App. 2003). Sentence bargaining may be for binding or nonbinding 

recommendations to the court on sentences, including a recommended “cap” on 

sentences or recommendation for probation. Id. Sentence bargaining affects 

punishment and constitutes a plea bargain agreement under appellate rule 25.2. Id. 

In this case, appellant signed a written plea bargain agreement in which the 

State agreed to a term of ten years, probated for six years in exchange for, among 

other things, appellant pleading guilty and waiving his right to appeal. The plea 

bargain agreement is signed by appellant, his appointed counsel, the representative 

for the State, and the trial court. The trial court followed the plea bargain agreement 
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and sentenced appellant to ten years in prison, probated for six years. The trial court 

certification reflects the terms of the plea bargain agreement by stating appellant 

waived his right to appeal. 

Under these circumstances, we have no other alternative than to dismiss this 

appeal.

Do Not Publish 

TEX. R. APP. P. 47.2(b) 

210339F.U05 

 

/David J. Schenck/

DAVID J. SCHENCK 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

GARY DON JENNINGS, Appellant 

No. 05-21-00339-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 203rd Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. F20-00545-P. 

Opinion delivered by Justice 

Schenck. Justices Reichek and 

Carlyle participating. 

 Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered July 1, 2021