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Lee McKine, Jr. v. the State of Texas
07-24-00218-CR
Tex. App.
Jun 18, 2025
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Background

  • 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)
Read the full case

Case Details

Case Name: Lee McKine, Jr. v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Jun 18, 2025
Docket Number: 07-24-00218-CR
Court Abbreviation: Tex. App.