Opinion
01-23-00728-CR
11-07-2023
Ex parte Corey Davison
178th District Court of Harris County No. 1822734
ORDER
Amparo Monique Guerra, Judge
The State of Texas has filed a notice of appeal from the trial court's September 29, 2023 order granting an application for writ of habeas corpus filed by appellee, Corey Davison. Davison's application for writ of habeas corpus argued that the State was collaterally estopped from prosecuting him based on a finding of "not true" made by the trial court in a motion to adjudicate hearing in another case.
In addition to granting the application for writ of habeas corpus, the trial court also dismissed with prejudice the underlying cause under which Davison was charged. The State has also filed a notice of appeal of the trial court's dismissal in the underlying trial court cause number. Because the State filed two notices of appeal, one for each trial court cause number, the Clerk of this Court assigned two appellate case numbers. See Tex. R. App. P. 12.2.
On October 31, 2023, the State filed a "Motion to Allow Briefing" in each appellate case number. The State's motion is granted. The State is ordered to file a brief within twenty days of the date of the completion of the appellate record in appellate case number 01-23-00729-CR. See Tex. R. App. P. 31.1(b), 38.6(d). Davison's brief, if any, is due to be filed no later than twenty days from the filing of the State's brief.
It is so ORDERED.