Opinion
No. 05-15-01139-CR
10-26-2015
OLATUNDE ANTONIO ADEPEGBA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-80446-2015
ORDER
The Court has before it the October 21, 2015 request by the Collin County District Clerk for a ten-day extension of time to file the clerk's record to ensure the appeal "has not been dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d)." We note that we have not received the trial court's certification of appellant's right to appeal. The judgment forwarded to this Court, however, reflects that appellant was tried by a jury on his not guilty plea and that his punishment was also assessed by the jury. Accordingly, we GRANT the extension request as follows.
We ORDER the trial court to prepare and file with the Collin County District Clerk, within TEN DAYS of the date of this order, a certification of appellant's right to appeal that accurately reflects the trial court proceedings. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
We ORDER the Collin County District Clerk to file the clerk's record in this appeal within TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Chris Oldner, Presiding Judge, 416th Judicial District Court; Andrea Stroh Thompson, Collin County District Clerk; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE