CourtListener 10028352•Rickey Barnard Harris v. the State of Texas
Full text
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Do Not Publish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.
2
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.