Opinion
NO. 14-20-00874-CRNO. 14-20-00875-CR
01-04-2021
IN RE THE STATE OF TEXAS EX REL. KIM OGG, HARRIS COUNTY DISTRICT ATTORNEY, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
WRIT OF PROHIBITION
County Criminal Court at Law No. 7 Harris County, Texas
Trial Court Cause No. 2269615
ORDER
On December 31, 2020, relator the State of Texas Ex Rel, Kim Ogg, Harris County District Attorney, filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Andrew Wright, Judge of County Criminal Court at Law No. 7, in Harris County, Texas, to set aside his December 9, 2020 order setting the underlying case for a nonjury trial entered in trial court number 2269615, styled The State of Texas v. Lisa Murcia. Relator has also filed a petition for writ of prohibition, in which relator seeks to prevent Judge Wright from conducting a nonjury trial in the underlying case.
Relator has also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On December 31, 2020, relator asked this court to stay proceedings in the trial court pending a decision on the petitions for writ of mandamus and prohibition.
It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
We ORDER all proceedings in trial court cause number 2269615, The State of Texas v. Lisa Murcia, STAYED until a final decision by this court on relator's petitions for writ of mandamus and prohibition, or until further order of this court.
In addition, the court requests real party in interest Lisa Murcia to file a response to the petition for writ of mandamus on or before January 25, 2021. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Chief Justice Christopher and Justices Wise and Hassan.