Daven Marqui Allen A/K/A Daveon Marqui Allen v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 17, 2025
• Docket: 13-24-00539-CR
• Status: Published

Opinion

NUMBER 13-24-00539-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

DAVEN MARQUI ALLEN A/K/A DAVEON MARQUI ALLEN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 329TH DISTRICT COURT OF WHARTON COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Cron Memorandum Opinion by Chief Justice Tijerina

The cause is before the Court on its own motion. On October 30, 2024, appellant

filed a pro se notice of appeal attempting to appeal a judgment of conviction for capital

murder in trial court case number 23436 in the 329th District Court of Wharton County, Texas. See TEX. PENAL CODE ANN. § 19.03. Subsequently, appellant’s appointed counsel

filed a motion for new trial, which the trial court granted. Pursuant to a plea bargain,

appellant thereafter pleaded guilty to murder. See id. § 19.02. We now dismiss the appeal

for want of jurisdiction.

The trial court’s certification of appellant’s right of appeal states that the case is a

plea bargain, appellant has no right of appeal, and appellant has waived the right of

appeal. See TEX. R. APP. P. 25.2(a)(2). On April 1, 2025, we ordered appellant’s counsel

to review the record and determine whether the certification was correct. On April 2, 2025,

appellant’s counsel advised the Court that the certification was correct and we do “not

have jurisdiction to hear an appeal in this matter.”

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal.

See id. R. 25.2(d), 37.1, 44.3; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App.

2005); Torres v. State, 493 S.W.3d 213, 215 (Tex. App.—San Antonio 2016, no pet.);

Pena v. State, 323 S.W.3d 522, 525–26 (Tex. App.—Corpus Christi–Edinburg 2010, no

pet.). Accordingly, we dismiss this appeal for want of jurisdiction.

JAIME TIJERINA Chief Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 17th day of April, 2025