Juan EspinalMedrano v. The State of Texas — Order appellants brief received filed, Trial Court amended certification of appellants right to appeal

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Testo completo

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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