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