Juan EspinalMedrano v. The State of Texas — Order appellants brief received filed, Trial Court amended certification of appellants right to appeal
Juan EspinalMedrano v. The State of Texas — Order appellants brief received filed, Trial Court amended certification of appellants right to appeal
Txctapp5
Gesamter Gesetzestext
Order entered October 21, 2026 In The Court of Appeals Fifth District of Texas at Dallas No. 05-26-00892-CR No. 05-26-00893-CR No. 05-26-00894-CR No. 05-26-00895-CR JUAN ESPINALMEDRANO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause Nos. F26-40150, F25-46522, F25-22736, F25-22722 ORDER Before this Court is appellant’s October 19, 2026 motion to extend time to file appellant’s brief. Appellant’s brief was due on September 30, 2026. We GRANT appellant’s motion and ORDER appellant’s brief, which was received on October 14, filed as of the date of this order.
The trial court’s certifications of defendant’s right of appeal are unclear. Each of the certifications of defendant’s right of appeal certify that this “is a plea- bargain case, and the defendant has NO right of appeal” and “the defendant has waived the right of appeal.” It appears as if the box certifying this “is not a plea- bargain case, and the defendant has the right of appeal” was originally checked and then marked out. The plea agreements and reporter’s record show that appellant entered an open plea of guilty in each of the four cases. We ORDER the trial court to determine the true status of appellant’s right to appeal. We further ORDER the trial court to transmit to this Court amended certificates of defendant’s right of appeal clearly delineating whether appellant has a right of appeal in each of his four cases. See T EX. R. A PP. P. 25.2(f). The supplemental records containing the amended certificates of defendant’s right of appeal shall be filed with this Court within THIRTY DAYS OF THE DATE OF THIS ORDER. We DIRECT the Clerk to send copies of this order to the Honorable Elizabeth Frizell, Presiding Judge, Criminal District Court No. 2, Dallas County; Felicia Pitre, Dallas County District Clerk; Christina O’Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We ABATE this appeal for the trial court to carry out our order. This appeal shall be reinstated when the records transmitted by the trial court are received or at such other time as the Court deems proper. /s/ EARL JACKSON JUSTICE
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