Opinion
07-23-00228-CR
07-26-2023
EX PARTE JESUS HERNANDEZ-TERAN
Do not publish.
On Appeal from the County Court Kinney County, Texas Trial Court No. 13881CR, Honorable Susan Dolan Reed, Presiding
Originally appealed to the Fourth Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001.
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
ORDER OF ABATEMENT
PER CURIAM
Appellant, Jesus Hernandez-Teran, appeals from the trial court's order denying his pretrial application for writ of habeas corpus. Now pending before this Court is the State's motion to abate the appeal until after the Court of Criminal Appeals disposes of Ex parte Aparicio, PD-0461-23. A petition for discretionary review was filed in Ex parte Aparicio on July 18, 2023. By its motion to abate, the State represents that the issues in the present appeal are the same as those raised in Ex parte Aparicio. Appellant "does not oppose the State's request for stay, as he agrees that the resolution of Ex parte Aparicio [...] is likely to be dispositive of the issues raised in this appeal."
To expedite the possible disposition of this appeal and in the interest of conservation of judicial resources, we grant the motion and abate the appeal. All appellate deadlines, including the pending deadline to file the State's brief, are suspended. The case will be removed from our active docket and treated as a suspended case. See TEX. R. APP. P. 2, 43.6. THE CASE WILL NOT BE REINSTATED ON THE COURT'S DOCKET UNTIL AFTER FINAL DISPOSITION OF Ex parte Aparicio by the Court of Criminal Appeals.
The parties are directed to advise the Court, in writing, of any disposing order or judgment issued by the Court of Criminal Appeals in PD-0461-23 within ten days of issuance.
It is so ordered.