Opinion
08-24-00013-CR
02-26-2024
EX PARTE: JUAN CORTES FERNANDEZ, Appellant.
Appeal from the County Court of Kinney County, Texas (TC# 11946CR)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM.
The Court on its own motion ORDERS this appeal to be abated. The notice of appeal, and the docketing statement that are before us suggest this case shares common issues with a significant number of appeals arising out of the State of Texas' "Operation Lone Star" (OLS). This Court and the Fourth Court of Appeals have decided a number of those cases. E.g. Ex parte Aparicio, 672 S.W.3d 696 (Tex. App.-San Antonio 2023, pet. granted); Ex parte Ramos-Morales, No. 08-23-00285-CR, 2023 WL 8813572 (Tex. App.-El Paso Dec. 20, 2023, pet. filed); State v. Del Campo-Chavez, 674 S.W.3d 714 (Tex. App.-El Paso 2023, pet. filed). As the petition history suggests, they are all being appealed to the Texas Court of Criminal Appeals. That Court accepted the petition in one of the cases and raised an issue on its own to be addressed. Ex parte Aparicio, No. PD-0461-23, 2024 WL 178283, at *1 (Tex. Crim. App. Jan. 17, 2024).
The OLS cases, as presently being argued, raise a similar series of issues based on briefs that are largely carbon copies of each other. They consume the parties' and this Court's resources on issues that may be ultimately resolved by a higher court. Pursuant to our authority under Tex.R.App.P 2, we conclude that good cause exists to suspend the post notice of appeal appellate timetables and follow a different procedure-abate the appeal until such time as the Texas Court of Criminal Appeals decides Ex parte Aparicio, or this Court decides to reinstate the appeal. That said, either party is invited to file a motion to reinstate the case upon a showing that the issues in this case are materially different from those presently pending before the Texas Court of Criminal Appeals, or that they deserve immediate resolution by this Court.
IT IS SO ORDERED.