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Raymond Trevino v. State
Citation: Not availableDocket: 04-16-00492-CR
Court: Court of Appeals of Texas; August 19, 2016; Texas; State Appellate Court
Original Court Document: View Document
Appellant Raymond Trevino pleaded guilty to driving while intoxicated under a plea-bargain agreement, resulting in a twenty-year imprisonment sentence and a $2,000 fine. The trial court issued a certification stating that as this was a plea-bargain case, Trevino had no right to appeal, in accordance with Texas Rule of Appellate Procedure 25.2(a)(2). Upon Trevino's notice of appeal, the trial court clerk provided the certification and notice to the appellate court. In plea-bargain cases, a defendant can only appeal issues raised in pre-trial motions or with the trial court's permission. The clerk’s record confirmed that the punishment did not exceed the prosecutor's recommendation, and there were no pre-trial motions filed or granted permission for appeal. Consequently, the appellate court determined the certification accurately reflected that Trevino did not have a right to appeal, resulting in the potential dismissal of the appeal unless an amended certification allowing the right to appeal is submitted by September 19, 2016. All appellate deadlines are suspended until further notice from the court.