Opinion
PD-0745-23 PD-0746-23 PD-0747-23
02-07-2024
EMANUEL OCHOA, Appellant v. THE STATE OF TEXAS
DO NOT PUBLISH
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS COOKE COUNTY
Slaughter, J., would refuse review.
ORDER
PER CURIAM.
The Court refuses Appellant's petition but grants discretionary review on its own motion and requests briefing from the parties on the following questions:
1. Whether the Ranger made a positive promise to Appellant under Garcia v. State, 919 S.W.2d 370 (Tex. Crim. App. 1994), when he said that "there's no reason on this deal why you shouldn't be adjudicated as a juvenile. And what that means is they're going to get you help. You're not going off to prison or anything horrible like that."
2. Whether the "positive promise" standard of Garcia applies to juveniles?
3. Whether the totality of the circumstances in this case rendered Appellant's statement involuntary?
The Clerk of this Court will send copies of this order to the Court of Appeals for the Second District, the State Prosecuting Attorney, the District Attorney for Cooke County, and Appellant.