Brandon D. Kirksey v. State ( 2018 )

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CHARLES KREGER Justice Submitted on December 18, 2018 Opinion Delivered December 19, 2018 Do Not Publish Before Kreger, Horton, and Johnson, JJ. 2