Opinion
09-23-00180-CR
08-09-2023
TEVIN DAMON MCGHEE, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish
Submitted on August 8, 2023.
On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F21-38632.
Before Golemon, C.J., Horton and Wright, JJ.
MEMORANDUM OPINION
PER CURIAM
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. On May 26, 2023, McGhee filed a notice of appeal pro se. The District Clerk provided the certification to the Court of Appeals.
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 establishthatthe certification that McGhee has no right of appeal is incorrect. We dismiss the appeal.
See id. 25.2(d).
APPEAL DISMISSED.