Opinion
13-23-00507-CR
12-06-2023
EX PARTE MAIQUI YORDAN PEREZ-MORALES
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the County Court of Kinney County, Texas.
Before Longoria, Silva, and Peña, Justices.
ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court on appellant's unopposed motion to abate appellate proceedings. Appellant maintains that the current appeal presents the same issues as those in Ex parte Aparicio, __ S.W.3d __, No. 04-22-00623-CR, 2023 WL 4095939 (Tex. App.-San Antonio June 21, 2023, pet. filed). The State has filed a petition for discretionary review in Ex parte Aparacio, and appellant requests that we stay appellate proceedings in the current cause until the Texas Court of Criminal Appeals has resolved the petition. We GRANT the State's motion.
This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
The Court agrees that the issues in the instant appeal are sufficiently similar to those in Ex parte Aparicio that judicial economy dictates that we should abate the instant appeal pending the Texas Court of Criminal Appeal's disposition of Ex parte Aparicio. Upon reinstatement, appellant's brief will be due within thirty days, the State's brief will be due within thirty days after the filing of appellant's brief, and appellant's reply brief will be due within twenty days of the filing of the State's brief. Accordingly, the instant appeal is ABATED pending further order.