Steven Louis Massey Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 14, 2023
• Docket: 09-23-00150-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00150-CR __________________

STEVEN LOUIS MASSEY JR., Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 18-01-00374-CR __________________________________________________________________

MEMORANDUM OPINION

On June 26, 2018, the trial court sentenced Steven Louis Massey Jr. on an

indictment for possession of a controlled substance with intent to deliver. After

signing the judgment, the trial court certified the case resulted from a plea-bargain

and that Massey has no right to appeal.1

1See Tex. R. App. P. 25.2(a)(2). 1 On May 16, 2023, Massey, acting pro se, filed a notice of appeal. The District

Clerk provided the trial court’s certification that Massey has no right to appeal to the

Court of Appeals. After the Court received the notice, the Clerk of this Court notified

the parties on May 18, 2023, that the Court would dismiss the appeal unless the

appellant established the trial court’s certification was incorrect. Even though

Massey responded to the Court’s notice, his response fails to establish that the trial

court’s certification that shows he has no right to appeal is incorrect.

We dismiss the appeal. 2

APPEAL DISMISSED.

PER CURIAM

Submitted on June 13, 2023 Opinion Delivered June 14, 2023 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.

2See Tex. R. App. P. 25.2(d). We also note that it appears that Massey filed a notice too late to perfect an appeal. See id. 26.2, 26.3. 2