From Casetext: Smarter Legal Research

Ex parte Gomez-Mercado

Court of Appeals of Texas, Sixth District, Texarkana
Mar 12, 2024
No. 06-24-00010-CR (Tex. App. Mar. 12, 2024)

Opinion

06-24-00010-CR

03-12-2024

EX PARTE CANDIDO ANTONIO GOMEZ-MERCADO


Do Not Publish

Date Submitted: March 11, 2024

On Appeal from the County Court Kinney County, Texas Trial Court No. 12024CR

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 Gomez-Mercado, No. 06-23-00213-CR, 2023 WL 8287836 (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 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."), Appellant filed a motion to voluntarily dismiss this appeal, see TEX. R. APP. P. 42.2(a). Appellant's motion to dismiss also states his desire to "await a decision from the Court of Criminal Appeals before pursuing his claim again." Appellee, the State of Texas, consents to the dismissal.

We vacate the trial court's denial of Appellant's pretrial writ of habeas corpus issued on January 9, 2024, grant the appellant's motion to voluntarily dismiss the appeal, and dismiss this appeal.

Based on our disposition of this appeal, we deny as moot the State's pending motion to dismiss.


Summaries of

Ex parte Gomez-Mercado

Court of Appeals of Texas, Sixth District, Texarkana
Mar 12, 2024
No. 06-24-00010-CR (Tex. App. Mar. 12, 2024)
Case details for

Ex parte Gomez-Mercado

Case Details

Full title:EX PARTE CANDIDO ANTONIO GOMEZ-MERCADO

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Mar 12, 2024

Citations

No. 06-24-00010-CR (Tex. App. Mar. 12, 2024)