David Devan Trevino v. State

COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA O. ALVAREZ (210) 335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210) 335-2762 October 21, 2015 Nicolas A. LaHood Michael D. Robbins District Attorney, Bexar County Bexar County Public Defender's 101 W. Nueva, Suite 370 Office San Antonio, TX 78205 101 W. Nueva, Ste. 370 * DELIVERED VIA E-MAIL * San Antonio, TX 78205-3440 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-15-00592-CR Trial Court Case Number: 2015CR4750 Style: David Devan Trevino v. The State of Texas 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 ______________________ Cecilia Barbosa Deputy Clerk, Ext. 5-3221 cc: Anthony Cantu (DELIVERED VIA E-MAIL) Delcine Benavides (DELIVERED VIA E-MAIL) Fourth Court of Appeals San Antonio, Texas October 21, 2015 No. 04-15-00592-CR David Devan TREVINO, Appellant v. The STATE of Texas, Appellee 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. _________________________________ 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. ___________________________________ Keith E. Hottle Clerk of