Brandon D. Kirksey v. State

• Court: Court of Appeals of Texas
• Decided: December 19, 2018
• Docket: 09-18-00409-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________ NO. 09-18-00409-CR ____________________

BRANDON D. KIRKSEY, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the County Court at Law No. 2 Jefferson County, Texas Trial Cause No. 318582 ________________________________________________________________________

MEMORANDUM OPINION

On November 14, 2018, the trial court sentenced Brandon D. Kirksey on a

conviction for assault involving family violence. On October 30, 2018, Kirksey

prematurely filed a notice of appeal. On November 14, 2018, the trial court signed a

certification in which the court certified that the defendant has waived his right of

appeal. See Tex. R. App. P. 25.2(a)(2). The certification is signed by Kirksey and

by his trial counsel. The district clerk has provided the trial court’s certification to

1 the Court of Appeals. On November 15, 2018, we notified the parties that we would

dismiss the appeal unless the appellant established grounds for continuing the

appeal. No response has been filed. Because the trial court’s certification shows the

defendant does not have 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Submitted on December 18, 2018 Opinion Delivered December 19, 2018 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.