Opinion
01-23-00322-CR
05-02-2023
The State of Texas v. Alfredo Valdez Nunez
263rd District Court of Harris County Trial court case number: 1693922
ORDER
AMPARO GUERRA, JUDGE
On April 29, 2023, the State filed a notice of appeal from the trial court's April 28, 2023 order granting the motion to suppress evidence of appellee, Alfredo Valdez Nunez. See Tex. R. App. P. 25.2(a)(1); Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) ("The [S]tate is entitled to appeal an order of a court in a criminal case if the order grants a motion to suppress evidence . . . if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence . . . is of substantial importance in the case.").
On May 2, 2023, the State filed a "Motion for Emergency Stay [of] Trial Court Proceedings," requesting that this Court stay trial court proceedings pending this Court's consideration of the State's appeal from the trial court's ruling on suppression. The State's motion argues that a stay is appropriate pursuant the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 44.01(e) ("The [S]tate is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b) of this article."). The State further notes that it requested a stay of proceedings from the trial court, but that the trial court denied its request.
The State's motion for stay is granted. See Tex. Code Crim. Proc. Ann. art. 44.01(e). All proceedings in trial court case number 1693922 are stayed. This stay is effective until the disposition of this appeal or further order of this Court.
It is so ORDERED.