Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00592-CR
David Devan TREVINO,
Appellant
v.
The State
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR4750
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Marialyn Barnard, Justice
Jason Pulliam, Justice
Delivered and Filed: November 25, 2015
DISMISSED
The trial court’s certification in this appeal states that “this criminal case is a plea-bargain
case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate
Procedure provides that an appeal “must be dismissed if a certification that shows the defendant
has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.
25.2(d). The clerk’s record, which was filed electronically, contains a written plea bargain, and
the punishment assessed did not exceed the punishment recommended by the prosecutor and
04-15-00592-CR
agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2).
Following an order from this court dated October 21, 2015, requiring appellant to show he
has the right to appeal, appellant’s court-appointed counsel filed a letter stating he reviewed the
electronic clerk’s record and can find no right of appeal for Appellant. Counsel concedes that the
trial court’s certification stating the defendant has no right of appeal is correct.
In light of the record presented, we agree with appellant’s counsel that the defendant has
no right of appeal. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP.
P. 25.2(d). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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