Narrative Opinion Summary
In this appellate case, the Court of Appeals for the Fifth District of Texas considered a procedural issue involving the filing of a supplemental clerk’s record. The Collin County District Clerk sought an extension to file additional documents required by the Designation of Record on Appeal to avoid dismissal under Texas Rule of Appellate Procedure 25.2(d). The trial court's certification of the right to appeal was missing from the clerk's record, as the appellant had waived her right to appeal through a plea bargain. The State moved to dismiss the appeal based on this waiver, and although the appellant did not contest the motion, her counsel acknowledged the waiver during a motion for a new trial. The appellate court granted the Clerk's extension request, setting a deadline of November 7, 2022, for filing the supplemental record and deferring its decision on the State's motion to dismiss until this filing. The deadline for the appellant's brief was also extended to November 30, 2022, indicating that a brief might not be necessary. The court's actions ensured that all procedural requirements would be met before ruling on the motion to dismiss.
Legal Issues Addressed
Deferral of Motion to Dismiss Pending Record Filingsubscribe to see similar legal issues
Application: The court deferred ruling on the State's motion to dismiss the appeal until after the supplemental clerk’s record was filed.
Reasoning: The court granted the Clerk's request for an extension...and deferred ruling on the dismissal motion until after this filing.
Extension for Filing Supplemental Clerk’s Recordsubscribe to see similar legal issues
Application: The court granted an extension to file the supplemental clerk’s record to include necessary documents and prevent dismissal for non-compliance.
Reasoning: The Court of Appeals for the Fifth District of Texas addressed a request from the Collin County District Clerk for an extension to file a supplemental clerk’s record.
Requirement of Trial Court's Certification in Appealsubscribe to see similar legal issues
Application: The court addressed the necessity of having the trial court's certification of the right to appeal in the clerk's record, which was missing in this case.
Reasoning: The court noted that the trial court's certification of the right to appeal was absent from the clerk's record, although it was part of the reporter’s record.
Waiver of Right to Appeal by Plea Bargainsubscribe to see similar legal issues
Application: The appellant waived her right to appeal by entering into a plea bargain, which was acknowledged by her appellate counsel.
Reasoning: The appellant, Carmen Abigail Moreno, waived her right to appeal by entering into a plea bargain.