Opinion
06-24-00011-CR
03-22-2024
EX PARTE LUIS GUSTAVO VENTURA GIL
Do Not Publish
Submitted: March 21, 2024
On Appeal from the County Court Kinney County, Texas Trial Court No. 12027CR
Before Stevens, C.J., van Cleef and Rambin, JJ.MEMORANDUM OPINION
Jeff Rambin Justice
This Court previously reversed the trial court's denial of Appellant's pretrial writ of habeas corpus and remanded the matter to the trial court for an evidentiary hearing. Ex parte Gil, No. 06-23-00215-CR, 2023 WL 8287590 (Tex. App.-Texarkana Dec. 1, 2023, pet. filed) (mem. op., not designated for publication). Before the issuance of our mandate, and while the State's petition for discretionary review was pending before the Texas Court of Criminal Appeals, the trial court, on January 9, 2024, issued another denial of Appellant's pretrial writ of habeas corpus, which is the subject of this appeal.
Originally appealed to the Fourth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001 (Supp.).
Recognizing that the trial court's action prior to the issuance of our mandate was a nullity, Tex.R.App.P. 25.2(g) ("Once the record has been filed in the appellate court, all further proceedings in the trial court-except as provided otherwise by law or by these rules-will be suspended until the trial court receives the appellate-court mandate."), the State filed a motion to dismiss this appeal for want of jurisdiction. We requested that appellant file a response to the State's motion. In that response, appellant conceded that the trial court's January 9, 2024, order is void and that this appeal should be dismissed for want of jurisdiction.
In light of the foregoing, we vacate the trial court's denial of Appellant's pretrial writ of habeas corpus issued on January 9, 2024, grant the State's motion to dismiss the appeal, and dismiss this appeal.