AUSTIN (CBSDFW.COM/AP) – A Texas judge has refused to throw out a felony abuse-of-power case against former Gov. Rick Perry on constitutional grounds, ruling that the case against the possible 2016 presidential hopeful should continue.

District Judge Bert Richardson, who like Perry is a Republican, ruled Tuesday that the case should proceed.

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Perry’s defense team had sought to have the proceedings dismissed. They say he was acting within his constitutional rights as governor when he threatened, then carried out, a veto of funding for public corruption prosecutors after the Democrat leading the unit refused to resign following a drunken-driving conviction.

Perry’s attorneys wasted no time, immediately filing an appeal, following Judge Richardson’s denials of both motions.  The case will be forwarded to the Third Court of Appeals, according to paperwork filed by Perry’s attorneys.

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Perry was indicted in August. He says he’ll announce whether he’ll run for president again as soon as May.

SCROLL BELOW TO READ JUDGE RICHARDSON’S RULING:

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SCROLL BELOW TO READ GOV. PERRY’S APPEAL: