David Harold Sehon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 19, 2025
• Docket: 09-24-00427-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00427-CR __________________

DAVID HAROLD SEHON, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B170050-R __________________________________________________________________

MEMORANDUM OPINION

On February 28, 2018, the trial court sentenced David Harold Sehon on an

indictment for theft in Trial Cause Number B170050-R. On December 16, 2024,

acting pro se, Sehon filed a notice of appeal. 1 The District Clerk then sent Sehon’s

notice of appeal and the trial court’s certification to the Ninth Court of Appeals. The

1We note that it appears Sehon filed his notice of appeal too late to perfect an

appeal. See Tex. R. App. P. 26.2, 26.3. 1 trial court’s certification states that the case “is a plea-bargain case, and the

defendant has NO right of appeal.”

On January 15, 2025, we notified the parties that we would dismiss the appeal

unless the appellant established that 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 Sehon has the right of appeal, we dismiss the appeal.2 See Tex. R. App.

P. 25.2(d), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on February 18, 2025 Opinion Delivered February 19, 2025 Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ.

2We note that Sehon perfected an appeal, which the appellate clerk docketed

as Appeal Number 09-24-00366-CR, from the judgment in Trial Cause Number 24- 0070-R. The trial court certified that Sehon has a right of appeal in that case. 2