The Dallas-area state appeals court reversed Dallas County's first fentanyl dealing conviction Tuesday because the trial record shows the jury was short one person.
A Dallas County jury convicted Richard Leal of the manufacture or delivery of between four and 200 grams of fentanyl in 2024. According to a from the Dallas County District Attorney's Office, Dallas police pulled Leal over in 2023 and found he had fentanyl pills and other drugs. He told police he distributed pills and bricks "as samples for his people."
It was the first fentanyl dealing case that was tried and sentenced in front of a Dallas County jury, the DA's office said. Leal was sentenced to 30 years in prison.
But according to court transcripts, there were only 11 jurors chosen during jury selection when there should have been 12.
鈥淚t defies logic that neither the trial judge, nor the bailiff, nor the court reporter, nor either party noticed throughout the entire trial that the jury box was missing a twelfth juror,鈥� Fifth Court of Appeals Justice Mike Lee wrote for the court. 鈥淵et, the record demonstrates exactly that.鈥�
Leal鈥檚 appellate attorney Brett Ordiway 鈥� who was not involved in Leal鈥檚 trial 鈥� raised the missing juror issue upon appeal. The DA鈥檚 office responded in court filings that it was 鈥渦nclear today whether a twelfth juror was seated and their name not called or recorded in the record, or whether only eleven jurors were seated.鈥�
Still, the DA鈥檚 office said Leal didn鈥檛 raise that issue during jury selection or throughout the trial, so he forfeited his right to make that complaint in his appeal. But the appeals court ruled prosecutors failed to prove the existence of a 12th juror, and lacking one violated Leal鈥檚 right to a 12-person jury under the Texas Constitution, even if he didn鈥檛 immediately speak up about it.
鈥淭his decision is an emphatic victory for the rule of law,鈥� Ordiway said in an email. 鈥淢r. Leal鈥檚 conviction was the product of numerous errors in the trial court. As the justices unanimously made clear, a constitutional violation, explicit in the record, cannot be brushed aside.鈥�
Claire Crouch, a spokesperson for the DA's office, said in an email to 四虎影院 the office is currently examining the record "and any other source of information" to determine whether there was a 12th juror. She declined to comment on any future decisions related to the case.
"The appellate opinion speaks for itself," Crouch wrote. "If an agreement existed to proceed with fewer than twelve jurors, it does not appear in the record, as reflected in the court鈥檚 ruling."
Leal's trial attorney declined to comment on the case. 四虎影院 also reached out to 282nd District Court Judge Amber Givens. Leal's case was filed in her court, but Senior District Judge Gracie Lewis presided over the trial.
This story has been updated with comment from the Dallas County District Attorney's Office.
Toluwani Osibamowo is 四虎影院鈥檚 law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
四虎影院 is made possible through the generosity of our members. If you find this reporting valuable, consider . Thank you.
