Rickey Barnard Harris v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 31, 2024
• Docket: 09-24-00206-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00206-CR __________________

RICKEY BARNARD HARRIS, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B230002-R __________________________________________________________________

MEMORANDUM OPINION

On May 3, 2024, the trial court sentenced Rickey Barnard Harris on a lesser

included offense of felony assault. On June 3, 2024, Harris filed a notice of appeal.

The District Clerk then sent Harris’s notice of appeal and the trial court’s

certification to the Ninth Court of Appeals. The trial court’s certification, which

bears the signature of Harris and his attorney in addition to the trial judge’s signature,

states that “the defendant has waived the right of appeal.”

1 On June 7, 2024, we notified the parties that we would dismiss the appeal

unless the appellant established the trial court’s certification was incorrect. None of

the parties responded to the Court’s notice. Because the record lacks a certification

that shows Harris has the right of appeal, we dismiss the appeal. See Tex. R. App. P.

25.2(d), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on July 30, 2024 Opinion Delivered July 31, 2024 Do Not Publish

Before Johnson, Wright and Chambers, JJ.