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