Rashad Ramon Medlock v. The State of Texas Appeal from County Court at Law No. 2 of McLennan County (memorandum opinion by chief justice iii morriss)

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00135-CR RASHAD RAMON MEDLOCK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 2 McLennan County, Texas Trial Court No. 20134066CR2 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION On July 14, 2015, Rashad Ramon Medlock was convicted by a McLennan County1 jury of harassment,2 sentenced to 180 days’ incarceration, and fined $2,000.00. The sentence and fine were then suspended, and Medlock was placed on eighteen months’ community supervision. Medlock perfected his appeal from this conviction by timely filing a notice of appeal. However, on August 21, 2015, Medlock appeared before the trial court and waived his right to appeal from “any Judgment, Sentence or other appealable order” entered in this matter before the date of the waiver. Consequently, the trial court certified that Medlock had waived his right of appeal, and Medlock signed the trial court’s written certification. This Court is required to dismiss an appeal if, as in this case, the trial court’s certification correctly indicates that there is no right of appeal or that the right of appeal has been waived. See TEX. R. APP. P. 25.2(d). By letter dated September 24, 2015, we notified Medlock, through counsel, of this potential defect in our jurisdiction and afforded him an opportunity to respond. We received no response from Medlock that altered the jurisdictional analysis in this case. 1 Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Tenth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3. 2 See TEX. PENAL CODE ANN. § 42.07 (West Supp. 2014). 2 In light of the foregoing, we dismiss this appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: October 27, 2015 October 28, 2015 Do Not Publish 3

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