Lee McKine, Jr. v. the State of Texas
07-24-00218-CR
Tex. App.Jun 18, 2025Background
- Lee McKine, Jr. was convicted by a jury of murdering Alexandria Garcia after an altercation at a club in Lubbock, Texas in September 2002.
- Security footage showed McKine brandishing and potentially firing an AK-47 style pistol at the club; afterward, he shot at a vehicle, fatally wounding Garcia.
- McKine and two female companions hid the firearm and were later pulled over; his companions identified him as the shooter in exchange for testimonial immunity.
- He pleaded not guilty, but was convicted; he also admitted to two sentencing enhancements, leading the jury to impose life imprisonment.
- Appellate counsel filed an Anders brief indicating no nonfrivolous grounds for appeal; McKine filed a pro se response with his own factual narrative and procedural concerns.
- The appellate court reviewed the record, found no reversible error, but struck a court fee from the judgment as premature per Texas law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of reversible error supporting appeal | McKine: alleged procedural and factual concerns in trial | State: counsel found no meritorious grounds for appeal | No reversible error; conviction and sentence are affirmed |
| Appropriateness of time payment fee in judgment | McKine: not directly addressed | State: included per standard practice | Fee is premature; deleted from judgment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (sets out procedure for counsel to withdraw on appeal when there are no nonfrivolous grounds)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate review necessary when counsel withdraws via Anders procedure)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (affirmed necessity of independent appellate review under Anders)
