`
`THE STATE OF TEXAS
`
`vs.
`
`TREVINo, CRYSTAL MARIE
`
`§
`§
`§
`§
`§
`
`IN THE 174TH DISTRICT COURT
`
`0F
`
`HARRIS COUNTY, TEXAS
`
`OFFENSE: POSS W/INT DEL CS P61 16 <4 GRAMS (359923)
`
`WAIVER OF CONSTITUTIONAL RIGHTS, AGREEMENT TO STIPULATE, AND JUDICIAL CONFESSION
`
`In open court and prior to entering my plea, I waive the right of trial by jury. I also waive the appearance, confrontation, and cross-
`examination of witnesses, and my right against self-incrimination. The charges against me allege that in Harris County, Texas,
`TREVINO, CRYSTAL MARIE
`, hereafter styled the Defendant, heretofore on or about 4/9/2018, did then and there
`unlawfully, knowingly possess with intent to deliver a controlled substance, namely, Methamphetamine, weighing more than 1 gram and
`less than 4 grams by aggregate weight, including any adulterants and dilutants.
`
`AGAINST THE PEACE AND DIGNITY OF THE STATE.
`
`I understand the above allegations and I confess that they are true and that the acts alleged above were committed on 4/9/20 I 8.
`
`In open court I consent to the oral and written stipulation of evidence in this case and to the introduction of affidavits, written
`statements, of witnesses, and other documentary evidence.
`I am satisfied that the attorney representing me today in court has properly
`represented me and I have fully discussed this case with him.
`
`I intend to enter a plea of guilty and the prosecutor will recommend that my punishment should be set at
`2y DADJ / Santa Maria / $50 to crime stoppers / 120 hours CSR / enroll in vocation or trade program
`and I agree to that recommendation.
`I waive any further time to prepare for trial to which I or my attorney may be entitled. Further, I
`waive any right of appeal which I may have should the court accept the foregoing plea bargain between myself and the prosecutor.
`
`TREVIN
`
`f" ‘2.
`YSTAL MARIE
`
`SUBSCRIBED AND SWORN TO before me on
`
`l7/i(0 ii E
`
`I represent the defendant in this case and I believe that this document was executed by him knowingly and voluntarily and after I fiilly
`discussed it and its consequences with him.
`I believe that he is competent to stand trial.
`I agree to the prosecutor’s recommendation as
`to punishment. I waive any further time to prepare for trial to which I or the defendant may be entitled.
`
`Harris County Deputy District Clerk
`
`De ense Attorney
`FLEMING, MARCUS JUSTIN
`
`RECORDER’S MEMORANDUM
`
`This instmment is of poor quality
`at the time of Imaging
`
`
`
`I consent to and approve the above waiver of trial by jury and stipulation of evidence
`W»
`
`
`COWARDIN, WILLIAM M.
`Assistant District Attorney
`Harris County, Texas
`TBC No. 24071444
`
`COWARDIN_WILLIAM@dao.hctx.net
`
`This document was executed by the defendant, his attorney, and the attorney representing the State, and then filed with the papers of
`the case. The defendant then came before me and I approved the above and the defendant entered a plea of guilty. After I admonished
`the defendant of the consequences of his plea, I ascertained that he entered it knowingly and voluntarily afier discussing the case with
`his attorney. It appears that the defendant is mentally competent and the plea is free and voluntary.
`I find that the defendant's attorney
`is competent and has effectively represented the defendant in this case.
`I informed the defendant that I would not exceed the agreed
`recommendation as to punishment.
`
`
`
`,-
`
`Judge Presidi
`Harris Coun
`
`Signed on
`
`
`
`FILED
`MarilyncBurg“s
`Dls r| etc
`0
`06 “‘9, a
`"flu/county. Texas
`Time:
`By/fizp'mr/
`
`PLEA OF GUILTY
`
`
`
`CAUSE NO. 158673901010
`
`STATE OF TEXAS
`
`§
`
`IN THE 174TH DISTRICT COURT
`
`VS.
`
`§ 0F
`
`TREVINo, CRYSTAL MARIE
`
`§ HARRIS COUNTY, TEXAS
`
`ADMONISHMENTS
`
`Pursuant to article 26.13(d), Code of Criminal Procedure, the court admonishes you, the defendant, as
`
`. d instructs you to place your initials by each item if you fully understand it.
`
`
`
`You are charged with the felony offense of:
`POSS W/INT DEL CS PG] 10 <4 GRAMS (359923)
`V
`
`If convicted, you face the following range of punishment:
`
`
`Correctional I
`
`econd Degree Felony: A term of not more than 20 years or less than 2 years in the
`titutions Division of the Texas Department of Criminal Justice and, in addition, a fine
`10,000.00 may be assessed.
`
`
`
`If no plea bargain agreement exists, the recommendation of the
`PLEA BARGAINS:
`C:!
`prosecuting attorney is not binding on the Court. If a plea bargain agreement does exist, the Court will
`inform you whether or not it will follow that plea bargain agreement before making any finding on your
`plea. Should the Court reject the plea bargain agreement, you will be permitted to withdraw your plea,
`if you so desire.
`
`C—(— PERMISSION TO APPEAL: If the punishment assessed by the court does not exceed
`the punishment recommended by the prosecutor and agreed to by you and your attorney, the court must
`give its permission to you before you may prosecute an appeal on any matter in this case except for
`those matters raised by you by written motion filed prior to trial.
`/—
`CITIZENSHIP: If you are not a citizen of the United State of America, a plea of guilty
`C/_\_
`or nolo contendere for the offense with which you are charged in this case may result In your
`deportation, your exclusion from admission to this country, or your denial of naturalization under federal
`law; My attorney has advised me that
`this plea will result
`in the following immigration
`consequences for me: 6 If
`,4 (“A C"+"'ZV’
`_ NJ Cowwwr.
`
`
`
`I have advised my client and my client understands the immigration admonition above and is aware of
`the consequences of the plea.
`
`FLEMING, MARCUS JUSTIN
`Attorney for Defendant (signature)
`
`~ /
`
`DEFERRED ADJUDICATION: I understand that if the court defers entering a
`C2 '
`finding of guilt and places me on deferred adjudication community supervision:
`
`0
`
`0
`
`0
`
`0
`
`Upon a violation of a condition of community supervision, I may be arrested and detained.
`
`I will be entitled to a hearing limited to the determination by the Court of whether to
`proceed with an adjudication of guilt on the original charge. If the Court determines that I
`violated a condition of probation, the Court may assess my punishment within the full
`range of punishment for this offense.
`
`After an adjudication, all proceedings, including the assessment of punishment,
`pronouncement of sentence, and granting of community supervision, continue as if the
`adjudication of guilt had not been deferred.
`
`If I successfully complete this deferred adjudication, I may be eligible to petition the Court
`for non-disclosure of the criminal history record information related to this case in
`accordance with Texas Government Code Sec. 411.081. Otherwise it will remain a public
`record.
`
`ALCOHOL AND/OR DRUGS: I further understand that if I was under 21 years of age
`QT,
`at
`the time I committed the offense of driving while intoxicated, or an offense involving the
`manufacture, possession, transportation or use of an alcoholic beverage, or the manufacture, delivery,
`possession, transportation, or use of a controlled substance, dangerous drug, or simulated controlled
`substance that my Texas driver’s license or my privilege to obtain a Texas driver’s license and a driver’s
`license in many other states will be automatically suspended for one (1) year from the date sentenced is
`imposed or suspended in open court and that my driver’s license suspension shall remain in effect until I
`attend and successfully complete an alcohol education program in this state. And, if I am over 21 years
`of age and I receive a final conviction or a suspended sentence for driving while intoxicated, or for
`violating the Controlled Substance Act, or a drug offense, my Texas driver’s license will be suspended,
`and will remain suspended until I successfully attend and complete a drug or alcohol education program
`as prescribed by law, report the successful completion to the Court in which I was convicted, and the
`Texas Department of public Safety receives notice of the completion. I also understand that I may be
`eligible to receive a restricted license from the court during this period of suspension.
`
`STATEMENTS AND WAIVERS OF DEFENDANT
`
`
`
`er
`
`CT
`
`( i
`
`Qj
`
`I am mentally competent, that I understand the nature of the charges against me;
`
`I understand the admonishments of the trial court set out herein;
`
`I hereby WAIVE the right to have the trial court orally admonish me;
`
`I WAIVE the right to have a court reporter record my plea;
`
`I represent to the trial court that the State will make the plea bargain agreement or
`CT—
`recommendation, if any, set forth in the Waiver of Constitutional Rights, Agreement to Stipulate, and
`Judicial confession herein and I understand the consequences, as set out above, should the trial court
`accept or refuse to accept the plea bargain or plea without an agreed recommendation;
`
`Q. S
`
`I further state my plea is freely, knowingly and voluntarily made;
`
`C. ( If my counsel was appointed, I waive and give up any time provided me by law to
`prepare for trial;
`
`I am totally satisfied with the representation provided by my counsel and I received
`C.\
`effective and competent representation;
`
`I waive and give up my right to a jury in this case and my right to require the appearance,
`01/
`confrontation, and cross-examination of the witnesses;
`
`I understand that before sentence may be imposed, the Court must order preparation of a
`QL'T’
`P—resentence Investigation Report by the probation officer pursuant to Article 42A.252 TEX CODE CRIM.
`P. I have thoroughly discussed this matter with my attorney and believe that for the Court to compel me
`to participate in the preparation of such a report would abridge the protection provided me by the
`Constitution of the United States and the Constitution and laws of the State of Texas and could result in
`further prejudice to me. Therefore,
`I hereby in writing respectfully decline to participate in the
`preparation of a Presentence Investigation Report and request that said report not be made prior to the
`imposition of sentence herein. I further knowingly, voluntarily, and intelligently waive any right which I
`may have to the preparation of said report either under Article 42A.252, TEX CODE CRIM. P., or under
`Article 42.09, Sec 8. TEX CODE CRIM. P.;
`
`I fully understand the consequences of my plea herein, and after having fully consulted
`1‘ I
`g
`with my attorney, and I hereby request that the trial court accept said plea;
`
`
`I waive and give up under Article 1.14 of the Texas Code of Criminal Procedure any and
`0'!
`all rights given to me by law whether of form, substance, or procedure;
`
`I have freely, knowingly, and voluntarily executed this statement in open court with the
`l
`S
`consent of and approval of my attorney;
`
`I read and write English. I have read and I understand this document, the Waiver of
`6—!
`C_onstitutional Rights, Agreement to Stipulate, Judicial Confession and Plea of Guilty filed In this case;
`
`
`
`C 1’—
`Stipulate,
`
`the Waiver of Constitutional Rights, Agreement to
`this document,
`I speak English,
`Judicial Confession and Plea of Guilty filed in this case were read to me by
`. I understand their content;
`. And this document, the Waiver of Constitutional Rights,
`I speak
`C 1'
`Agreement to Stipulate, Judicial Confession and Plea of Guilty filed in this case were translated for me
`by
`. I understand their Content;
`
`I understand that if the trial court accepts my plea of Guilty to the above-listed offense,
`(: T'
`and I have elected to have a jury assess punishment that the trial court will instruct the jury to return a
`verdict of guilty and will
`then instruct the jury to assess punishment
`in my case following the
`presentation of any evidence relevant to the issue of punishment, unless I have waived my right to trial
`by jury pursuant to Articles 1.13 and 37.07 of the Texas Code of Criminal Procedure;
`
`I hereby swear to all the foregoing, and I further swear that all testimony that I give in
`c, T—
`this case will be the truth, the whole truth and nothing but the truth, so help me God.
`I hereby state that I
`have read or have been read the indictment or information filed in this case, and
`
`Q/\— I confess and admit that I committed each and every allegation contained therein.
`I state that I am guilty of the offense alleged, as well as any and all lesser included offenses.
`
`I hereby swear to all the foregoing, and I further swear that all testimony that I give in this case will be
`the truth, the whole truth, and nothing but the truth, so help me God.
`
`SWORN TO AND SUBSCRIBED BEFORE ME ON THIS DATE:
`
`Defe
`
`nt
`
`' Z I b ' ( 1
`/:2/5/
`
`Deputy District Clerk
`
`Harris County, Texas
`
`
`
`We join and approve the waiver of jury trial pursuant to Article 1.13 of the Texas Code of
`Criminal Procedure and the stipulations of evidence pursuant to Article 1.15 of the Texas Code of
`Criminal Procedure.
`
`fh/DQ
`
`FLEMING, MARCUS JUSTIN
`
`Attorney for Defendant
`(signature)
`
`5%..
`
`COWARDIN, WILLIAM M.
`Assistant District Attorney
`Harris County District Attomey’s Office
`TBC No. 24071444
`
`COWARDIN_WILLIAM@dao.hctx.net
`
`In addition, the Court hereby finds that the defendant is fully mentally c
`
`her plea is freely, knowingly and voluntarily entered.
`
`petent, and that his or
`
` JUDGE P
`
`Signed on
`174th
`
`Harris County, Texas
`
`
`
`CAUSE NO. 158673901010
`
`THE STATE OF TEXAS
`
`VS.
`
`TREVINo, CRYSTAL MARIE
`
`§
`§
`§
`
`§
`
`§
`
`IN THE I74TH DISTRICT COURT
`
`OF
`
`HARRIS COUNTY, TEXAS
`
`..
`
`bi1U
`
`ACKNOWLEDGMENT OF COMPLIANCE WITH
`
`TEXAS CODE OF CRIMINAL PROCEDURE ARTICLE 39.14 (a)
`
`Comes now the defendant and hereby withdraws any requests made in the above numbered cause for further discovery pursuant to
`Texas Code of Criminal Procedure Article 39.14 (a). My attorney has fully and completely explained to me my right to request discovery
`under Texas Code of Criminal Procedure Article 39.14 (a) and I understand that right.
`I am satisfied with the State’s compliance and I
`affirmatively and voluntarily declare that I have no additional requests for discovery of items pursuant to Texas Code of Criminal Procedure
`Article 39.14 (a).
`
`
`
`
`
`T VINO, CRYSTAL MARIE
`
`SUBSCRIBEDANDSWORNTobeforemeon 51 ’{a
`
`i] 1
`
`
`Harris Coun Deputy District Clerk
`
`Tlm .'
`
`°WWNoun ' To":
`
`.
`
`I represent the defendant in this case, and I believe that this document was executed by him fi'eely, knowingly, and voluntarily. My client and I
`have fully discussed his right to discovery under Texas Code of Criminal Procedure Article 39.14 (a), and I believe that he understands this right
`and the consequences of executing this document. It is my opinion that he is competent to make this acknowledgment, and along with him and
`at his instruction 1 also withdraw any pending or additional discovery requests made pursuant to Texas Code of Criminal Procedure Article
`39. 14(3).
`
`M D
`
`efense Attorney
`FLEMING, MARCUS JUSTIN
`
`This document was executed by the defendant, his attorney, and then filed with the papers of the case. The defendant came before me and 1
`approved the above acknowledgment along with the defendant’s plea of guilty.
`It appears that the defendant is mentally competent to withdraw
`any request he may have made for further discovery pursuant to Texas Code of Criminal Procedure Article 39.14 (a), and is doing so freely and
`voluntarily.
`I find that the defendant’s attorney adequately informed him of his right to discovery under Texas Code of Criminal Procedure
`Article 39.14 (a) and the effects of this acknowledgment.
`
`NOTHING HEREIN SHALL ABRIDGE THE STATE’S ONGOING DUTY T0 DISCLOSE TO THE DEFENDANT ANY
`EXCULPATORY, IMPEACI-IMENT OR MITIGATING INFORMATION IN THE POSSESSION, CUSTODY 0R CONTROL OF THE
`STATE THAT TENDS TO NEGATE THE GUILT OF THE DEFENDANT OR WOULD TEND TO REDUCE THE PUNISHMENT FOR
`THE OFFENSE CHARGED.
`
`The Court hereby ORDERS the District Clerk of Harris County, Texas to file thi
`
`;
`
`cord in misjuse.
`
`
`
` Judge Presiding '
`
`
`
`THE STATE OF TEXAS
`
`IN THE 174TH DISTRICT COURT
`
`CAUSE NO. 158673901010
`
`§
`§
`§
`§
`TREVINO, CRYSTAL MARIE HARRIS COUNTY, TEXAS §
`
`
`vs.
`
`OF
`
`
`
`TEXAS CODE OF CRINIINAL PROCEDURE ARTICLE 39.14
`JOINT LIST OF RELEASED DISCOVERY
`
`COMES NOW, the State of Texas by and through the undersigned assistant district attorney and the undersigned
`attorney for the above named defendant and would jointly show the Court the following:
`
`Pursuant to Texas Code of Criminal Procedure Article 39.14(j) this document and the attached pages encompass the
`discoverable documents and evidence requested by the defendant and released by the State. Additionally, the below
`signed Assistant District Attorney declares that he/she permitted inspection of the entire Harris County District
`Attomey’s Office file for this cause with the exception of items privileged by law or designated as work product of
`the District Attorney or her investigators. The signatures included on this document represent a declaration of
`release and receipt on the dates and in the forms therein related. The parties also incorporate by reference all notices
`on file in the Clerk’s Record under this cause number provided in compliance with the requirements of the Texas
`Code of Criminal Procedure and the Texas Penal Code. Based on the signatures provided in this document and the
`documents incorporated by reference, the below signed Assistant District Attorney and defense counsel do hereby
`acknowledge that all the designated items thereby referenced were released pursuant to Texas Code of Criminal
`Procedure Article 39.14, and that the State has produced all the discoverable items requested by the defense as of the
`entry of the plea or commencement of trial. This document and the attached log are the acknowledgment required
`by article 39.140), and act as a written record of the documents, items, and information requested by and provided to
`the defendant in relation to this cause number, as is hereby witnessed to by our signatures as counsel for the parties.
`
`ASSISTANT DISTRICT ATTORNEY
`
`DEFENSE ATTORNEY
`
`HARRlSCOUNTY,TEXAS
`
`97/
`
`COWARDIN, WILLIAM M.
`FLEMING, MARCUS JUSTIN
`Assistant District Attorney
`Defense Attorney
`TBC No. 24071444
`TBC No. 00784058
`COWARDIN_WILLlAM@dao.hctx.net
`
`LIST OF RELEASED DISCOVERY ORDER
`
`On this date the Harris County District Attorney and the attorney for the Defendant in the above Cause presented to
`the Court this Texas Code ofCriminal Procedure Article 39.14 Joint List ofRequested and Released Discovery. The
`Court hereby ORDERS the District Clerk of Harris County, Texas, to file the entirety of this Joint List ofRequested
`and Released Discovery in the Court's record in this Cause.
`
`Signed and Ordered this
`
`l 2 W ' 11
`
`
`
`
`
`JOINT LIST OF RELEASED DISCOVERY (Cont’ d1
`
`DATE
`RELEASED ITEM DESCRIPTION
`05/09/2018
`0R 18-55273
`05/28/2018
`PSA1586739
`05/08/2018
`LAB IF818-04378-0001
`05/09/2018
`C Trevino OR 18-55273
`
`BRA and call slip
`12/06/2019
`12/06/2019 MISCELLANEOUS MEDIA
`
`List of requested and released discovery
`12/06/2019
`12/06/2019 MISCELLANEOUS MEDIA.docx
`
`12/06/2019
`
`Discovery Receipt
`
`The below signatures of the State and defendant hereby acknowledge the disclosure and receipt of all reports,
`documents, and items listed herein and provided to the defendant pursuant to Article 39.14 of the Texas Code of
`Criminal Procedure.
`
`ASSISTANT DISTRICT ATTORNEY
`HARRIS COUNTY, TEXAS
`W1.
`
`COWARDIN, WILLIAM M.
`Assistant District Attorney
`TBC No. 24071444
`
`COWARDIN_WILLIAM@dao.hctx.net
`
`DEFENSE ATTORNEY
`
`
`FL
`NG, MARCUS JUSTIN
`Defense Attorney
`TBC No. 00784058
`
`
`
`THE STATE or TEXAS
`
`§
`§
`
`IN THE I74TH DISTRICT COURT
`
`CAUSE NO. 158673901010
`
`vs.
`TREVINO, CRYSTAL MARIE
`
`F I L E
`D
`M
`gglg/rgcgsg ess
`erk
`Tlme: DEC 0 6 2019
`By W
`The Court. pursuant to TEX. R. APP. P. 25.2, advises the Defendant as follows: kDuty
`
`or
`g
`HARRIS COUNTY, TEXAS
`§
`ADVICE OF DEFENDANT'S RIGHT OF APPEAL
`
`1. Texas law gives a defendant convicted of a crime the right to appeal his conviction.
`
`2.
`
`3.
`
`4.
`
`5.
`
`If you pled guilty or no contest and accepted the punishment recommended by the prosecutor, you cannot appeal
`your conviction unless this Court gives you permission. If you waived or gave up your right to appeal, you
`cannot appeal your conviction.
`
`If you did not plead guilty, you may have the right to appeal. If you want to appeal, you must give notice of
`appeal in writing to this Court’s clerk within 30 days.
`
`If an attomey represents you in the court of appeals, your attorney must mail a copy of the court of appeals
`judgment and opinion to your last known address. You must tell your attorney, in writing, of any change in your
`address.
`
`If you are not satisfied with your appeal’s result, you can ask the Court of Criminal Appeals to review your case
`by filing a petition for discretionary review within 30 days of the opinion’s issuance in the court of appeals. If
`you fail to inform your attorney of any change in your address, you may lose the opportunity to seek discretionary
`review.
`
`The Defendant declares the following to the Court (choose one)
`
`M read and write English.
`[I
`I speak English.
`
`I have read and I understand this document. or
`read this document to me.
`
`I understand its contents. or
`
`Cl
`
`I do not speak English.
`contents.
`
`translated this document for me.
`
`I understand its
`
`I“
`
`De enda
`
`Sworn and subscribed to me before on ’2' ' ll I ‘7
`
`Harris County Depu% District glerk
`
`4th D
`Harris County
`Harris County, Texas
`
`ct Court
`
`
`
`CAUSE N0. 158673901010
`
`THE STATE OF TEXAS
`
`vs.
`
`TREVINo, CRYSTAL MARIE
`
`§
`§
`§
`§
`§
`
`IN TIIE 174m DISTRICT COURT
`
`0F
`
`IIARRIS COUNTY, TEXAS
`
`TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL"
`
`I, judge of the trial court, certify this criminal case:
`
`B IS not a plea-bargain case, and the defendant has the right of appeal [or]
`
`C] Is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived,
`
`and the defendant has the right of appeal [or]
`
`C] Is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal [or]
`
`8 Is a plea-bargain case, and the defendant has NO right ofappeal [or]
`I] The defendant has waived the right ofappeal.
`5
`
`I E D
`Mag, n B ,-
`DE
`
`Judge
`
`Date Signed
`
`H<Depmy7
`
`l have received a copy of this certification. I have also been informed of the rights concerning ant appeal of this criminal case,
`
`including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I
`
`have been admonished that my attorney must mail a copy of the court of appeals’ judgement and opinion to my last know address and
`
`that l have only 30 days in which to file a pro se petition for discretionary review in the Court of Criminal Appeals. TEX. R. APP. P.
`
`68.2 I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by
`
`written communication of any change in the address at which I am currently living or any change in my current prison unit. I
`
`understand that, because of appellate deadline, if I fail to timely inform my appellate attorney of any change in my address, I may lose
`
`the opportunity to file a pro se petition for discretionary review.
`
`
`
`VINO, RYSTAL MARIE
`
`Mailing address: 3l01 MOHAWKST, #2,
`HOUSTON TX 77093
`
`
`Defendant’s Counsel FLEMING, MARCUS JUSTIN
`
`State Bar of Texas ID number: 00784058
`
`Telephone number:
`
`Mailing Address: 929 PRESTON SUITE#2,
`HOUSTON, TX 77002
`
`Fax number gif any}:
`
`Telephone number: 7132241970
`
`Fax or Email gifanyl:
`
`"' “A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant’s right to appeal
`in every case in which it enters a judgement of guilt or other appealable order. In a plea bargain case-that is, a case in which a defendant’s plea was
`guilty or nolo contender 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 a written motion filed and ruled on before trial, or (B) afier getting the trial court’s
`permission to appeal.” Texas Rules of Appellate Procedure 25.2(a)(2).
`
`