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.”

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Submitted on July 30, 2024 Opinion Delivered July 31, 2024 Do Not Publish Before Johnson, Wright and Chambers, JJ.