Opinion
No. 08-14-00180-CR
09-05-2014
DANIEL CEDILLOS, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 346th District Court of El Paso County, Texas (TC# 20130D02144) ORDER
Pending before the Court is a motion filed by Appellant, Daniel Cedillos, to abate the appeal and remand the cause to the trial court for a bond to be set. Appellant filed a notice of appeal and it has been docketed in the above-styled and numbered cause. The trial court subsequently granted Appellant's motion for new trial and the State has filed a notice of appeal from that order. The State's appeal has been filed in cause number 08-14-00248-CR and is styled The State of Texas v.Daniel Cedillos. In the event the State is not successful in its appeal, the instant appeal will be dismissed as moot. If the State is successful, however, and the trial court's order granting the new trial is reversed, this appeal will continue. Having determined that it is appropriate to abate the appeal pending resolution of the State's appeal, we grant that portion of Appellant's motion requesting that we abate the appeal.
Appellant also requests that we remand the cause to the trial court in order for bond to be set. Article 44.01(g) of the Code of Criminal Procedure authorizes the trial court to set reasonable bail while the State's appeal is pending. TEX.CODE CRIM.PROC.ANN. Art.44.01(g). We conclude that the trial court has jurisdiction to address Appellant's request for reasonable bail. The portion of Appellant's motion requesting remand is DENIED. It is ORDERED that this appeal is abated pending resolution of the State's appeal is cause number 08-14-00248-CR. This appeal will be reinstated upon resolution of the State's appeal or further order of this Court.
IT IS SO ORDERED this 5th day of September, 2014.
PER CURIAM