CourtListener 10803279•Gevoni Dashan Reyes v. the State of Texas
Full text
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00201-CR
GEVONI DASHAN REYES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 30832
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Pursuant to a plea agreement, Gevoni Dashan Reyes pled guilty to theft of property
valued at $30,000.00 or more but less than $150,000.00, and he was sentenced to five years’
confinement in prison. Despite the trial court’s certification that this was a plea-agreement case
and that Reyes had no right of appeal, he timely filed a notice of appeal. Because we find that
we are without jurisdiction, we will dismiss the appeal for want of jurisdiction.
The Texas Legislature has granted a very limited right of appeal in plea-bargain cases.
Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure details that right as follows:
(2) . . . In a plea bargain case—that is, a case in which a defendant’s
plea was guilty or nolo contendere and the punishment did not exceed the
punishment recommended by the prosecutor and agreed to by the defendant—a
defendant may appeal only:
(A) those matters that were raised by written motion filed and
ruled on before trial,
(B) after getting the trial court’s permission to appeal, or
(C) where the specific appeal is expressly authorized by statute.
TEX. R. APP. P. 25.2(a)(2). There is no indication in the record before this Court (1) that this
specific appeal is expressly authorized by statute, (2) that Reyes filed a motion that was ruled on
before trial, or (3) that Reyes obtained the trial court’s permission to appeal. To the contrary, the
trial court’s certification of Reyes’s right of appeal indicates that he has no right of appeal.
Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, upon proper certification by
the trial court indicating there is no right of appeal, this Court will dismiss the appeal. See TEX.
R. APP. P. 25.2(d).
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On February 3, 2026, we informed Reyes of the apparent defect in our jurisdiction over
his appeal and afforded him an opportunity to respond and, if possible, cure such defect. Reyes
did not file a response to our February 3 correspondence.
Because Reyes has no right of appeal due to his plea agreement with the State and
because the trial court’s certification correctly indicates that he is without a right of appeal, we
dismiss this appeal for want of jurisdiction.
Jeff Rambin
Justice
Date Submitted: February 25, 2026
Date Decided: February 26, 2026
Do Not Publish
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