Tevin Damon McGhee v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 9, 2023
• Docket: 09-23-00180-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00180-CR __________________

TEVIN DAMON MCGHEE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F21-38632 __________________________________________________________________

MEMORANDUM OPINION

On May 3, 2023, the trial court sentenced Tevin Damon McGhee on an

indictment for burglary of a habitation. The trial court signed a certification in which

the trial court certified that this is a plea-bargain case and McGhee has no right of

appeal.1 On May 26, 2023, McGhee filed a notice of appeal pro se. The District

Clerk provided the certification to the Court of Appeals.

1See Tex. R. App. P. 25.2(a)(2).

1 On June 28, 2023, we notified the parties that we would dismiss the appeal

unless the appellant established the certification was incorrect. McGhee, through

appointed counsel, requested additional time to obtain an amended certification. In

a response, the State asserted McGhee pleaded guilty in exchange for the dismissal

of five other cases. On July 18, 2023, the trial court denied McGhee’s motion to

amend the certification and reaffirmed that the case was a plea-bargain case with no

right of appeal.

McGhee failed to establish that the certification that McGhee has no right of

appeal is incorrect. We dismiss the appeal. 2

APPEAL DISMISSED.

PER CURIAM

Submitted on August 8, 2023 Opinion Delivered August 9, 2023 Do Not Publish

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

2See id. 25.2(d).