[DOWNLOAD] "Trevino v. State" by Texas Fourteenth District Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Trevino v. State
• Author : Texas Fourteenth District Court of Appeals
• Release Date : January 21, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Appellant Marissa Yvonne Trevino appeals the trial courts judgment adjudicating her guilty of the offense of possession of methamphetamine of one gram or more but less than four grams and sentencing her to four years confinement. In a single point, she claims that her due process rights under the Texas Constitution were violated when her probation was revoked pursuant to code of criminal procedure article 42.12, section 5. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5 (Vernon Supp. 2004-05). Appellant argues that the statute is facially unconstitutional because it implements a total restriction on appellate complaints involving the trial courts decision to adjudicate. The court of criminal appeals has held that the Texas Constitution does not provide a right to appellate review of criminal convictions; the Legislature therefore may properly limit or even deny the right to appeal a criminal conviction entirely. Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992); see also Henderson v. State, 132 S.W.3d 112, 114 (Tex. App.--Dallas 2004, no pet.). Consequently, the statutory denial of the right to appeal as set forth in article 42.12, section 5(b) is not facially unconstitutional. Phynes, 828 S.W.2d at 2. We overrule Appellants point and affirm the trial courts judgment.

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