Opinion
06-24-00012-CR
03-12-2024
EX PARTE SIMON MARTINEZ MARTINEZ
Do Not Publish
Submitted: March 11, 2024
On Appeal from the County Court Kinney County, Texas Trial Court No. 10388CR
Before Stevens, C.J., van Cleef and Rambin, JJ.MEMORANDUM OPINION
Charles van Cleef, Justice.
This Court previously reversed the trial court's denial of Appellant's pretrial writ of habeas corpus and remanded the matter to the trial court for an evidentiary hearing. Ex parte Martinez, No. 06-23-00208-CR, 2023 WL 8287845 (Tex. App.-Texarkana Dec. 1, 2023, pet. filed) (mem. op., not designated for publication). Before the issuance of our mandate, and while the State's petition for discretionary review was pending before the Texas Court of Criminal Appeals, the trial court issued another denial of Appellant's pretrial writ of habeas corpus, which is the subject of this appeal.
Originally appealed to the Fourth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001 (Supp.).
Recognizing that the trial court's action prior to the issuance of our mandate was a nullity, Tex.R.App.P. 25.2(g) ("Once the record has been filed in the appellate court, all further proceedings in the trial court-except as provided otherwise by law or by these rules-will be suspended until the trial court receives the appellate-court mandate."), Appellant filed a motion to voluntarily dismiss this appeal, see Tex. R. App. P. 42.2(a). Appellant's motion to dismiss also states his desire to "await a decision from the Court of Criminal Appeals before pursuing his claim again." Appellee, the State of Texas, consents to the dismissal.
We vacate the trial court's denial of Appellant's pretrial writ of habeas corpus issued on January 9, 2024, grant the appellant's motion to voluntarily dismiss the appeal, and dismiss this appeal.
Based on our disposition of this appeal, we deny as moot the State's pending motion to dismiss.