Dallas, Texas – The Fifth Court of Appeals has reversed the conviction and vacated the thirty-year sentence of Richard Eric Leal, represented by appellate counsel Ordiway PLLC. The Court ruled that the trial court committed constitutional error by allowing the felony trial to proceed with a jury of only eleven members without the defendant’s consent.

Mr. Leal had previously been convicted of possession with intent to deliver a controlled substance (fentanyl) in the 282nd Judicial District Court of Dallas County.

In a challenge brought by Ordiway PLLC, the defense argued that the trial record affirmatively showed only eleven jurors were empaneled and sworn. Under the Texas Constitution and the Texas Code of Criminal Procedure, a felony jury must consist of twelve persons unless that right is expressly waived by the defendant.

The State argued that the issue was forfeited because the defense did not object during the trial. Nevertheless, the Fifth Court of Appeals rejected this argument. In the opinion authored by Justice Mike Lee, the Court held that the right to a twelve-person jury is fundamental and cannot be waived by silence.

“The record matters,” Justice Lee wrote in the Court’s opinion. “We cannot assume there were twelve jurors when the record shows only eleven. Therefore, we hold that Leal’s conviction was obtained in violation of his constitutional right to a jury consisting of twelve jurors.”

Brett Ordiway, lead appellate counsel for Mr. Leal, commented on the significance of the ruling:

“This decision reaffirms that the procedural safeguards guaranteed by the Texas Constitution are non-negotiable. While the charge in this case was serious, the integrity of the jury system requires that every felony defendant be tried by a full jury of twelve, unless they explicitly agree otherwise. We are pleased that the Fifth Court of Appeals recognized this structural error and upheld the rule of law.”

The case, Richard Eric Leal v. The State of Texas (No. 05-24-00446-CR), has been remanded to the trial court for further proceedings consistent with the opinion.

CASE INFORMATION

The Fifth Court of Appeals
Richard Eric Leal v. The State of Texas
No. 05-24-00446-CR