Opinion
01-23-00728-CR
01-23-2024
Ex parte Corey Davison
178th District Court of Harris County Trial court case number: 1822734
ORDER
Amparo Monique Guerra, Judge
The State of Texas 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.This appeal was abated pursuant to a December 28, 2023 order of this Court for the trial court to hold a hearing to make certain findings regarding the appellate record. The trial court held the ordered hearing on January 8, 2024 and a supplemental reporter's record was filed on January 9, 2024.
In addition to granting the application for writ of habeas corpus, the trial court also dismissed with prejudice the underlying case under which Davison was charged, trial court case number 1764779. The State has also filed a notice of appeal of the trial court's dismissal in the underlying trial court case number, which is pending in this Court as appellate case number 01-23-00729-CR.
On motion of the State, the Court reinstated the appeal on January 18, 2024. The State has filed a "Motion for Leave to File Post-Abatement Brief," requesting leave to file a brief "explaining how the abatement record affects (or, in this case, does not affect)" the appeal. Contemporaneously with the filing of its motion, the State filed its post-abatement brief, which "is 1,960 words, leaving the State's combined briefing in this case at fewer than 6,000 words."
The State's motion for leave to file a post-abatement brief is granted. The Clerk of this Court is directed to accepted as "filed" the State's January 17, 2024 post-abatement brief.
It is so ORDERED