Desean Laverne McPherson v. The State of Texas Appeal from 6th District Court of Lamar County (opinion)

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Court of Appeals Sixth Appellate District of Texas JUDGMENT Desean Laverne McPherson, Appellant No. 06-22-00044-CR v. The State of Texas, Appellee Appeal from the 6th District Court of Lamar County, Texas (Tr. Ct. No. 27362). Memorandum Opinion delivered by Justice van Cleef, Chief Justice Morriss and Justice Stevens participating. As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the trial court’s judgment convicting McPherson of tampering with evidence. We remand this cause to the trial court with instructions to reform the judgment to reflect a conviction of the offense of attempted tampering with evidence, a state-jail felony, and to conduct a new punishment hearing attendant to the post-reformation conviction. We further order that the appellee, the State of Texas, pay all costs of this appeal. RENDERED SEPTEMBER 29, 2022 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk

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