                                        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

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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Do Not Publish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.




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