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Trevino v. State

Fourth Court of Appeals San Antonio, Texas
Oct 21, 2015
No. 04-15-00592-CR (Tex. App. Oct. 21, 2015)

Opinion

No. 04-15-00592-CR

10-21-2015

David Devan TREVINO, Appellant v. The STATE of Texas, Appellee


COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION

CHIEF JUSTICE
KAREN ANGELINI
MARIALYN BARNARD
REBECA C. MARTINEZ
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA
JASON PULLIAM

JUSTICES
Nicolas A. LaHood
District Attorney, Bexar County
101 W. Nueva, Suite 370
San Antonio, TX 78205
* DELIVERED VIA E-MAIL *
Michael D. Robbins
Bexar County Public Defender's
Office
101 W. Nueva, Ste. 370
San Antonio, TX 78205-3440
* DELIVERED VIA E-MAIL *

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours,

KEITH E. HOTTLE, CLERK

/s/_________

Cecilia Barbosa

Deputy Clerk, Ext. 5-3221
cc: Anthony Cantu (DELIVERED VIA E-MAIL)
Delcine Benavides (DELIVERED VIA E-MAIL)
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR4750
Honorable Raymond Angelini, Judge Presiding

ORDER

The trial court's certification in this appeal states, "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." Texas Rule of Appellate Procedure Rule 25.2(d) provides the record in an appeal brought by a criminal defendant must contain a certification of right to appeal. TEX. R. APP. P. 25.2(d). If the record does not contain a certification that shows the defendant has a right of appeal, the appeal must be dismissed. Id.

It is therefore ORDERED this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by November 3, 2015, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).

All other appellate deadlines are SUSPENDED pending resolution of the certification issue.

/s/_________

Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of October, 2015.

/s/_________

Keith E. Hottle

Clerk of


Summaries of

Trevino v. State

Fourth Court of Appeals San Antonio, Texas
Oct 21, 2015
No. 04-15-00592-CR (Tex. App. Oct. 21, 2015)
Case details for

Trevino v. State

Case Details

Full title:David Devan TREVINO, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 21, 2015

Citations

No. 04-15-00592-CR (Tex. App. Oct. 21, 2015)