Opinion
07-23-00228-CR
12-12-2024
EX PARTE JESUS HERNANDEZ-TERAN
Do not publish.
On Appeal from the County Court Kinney County, Texas Trial Court No. 13881CR, Honorable Susan Dolan Reed, Presiding
Originally appealed to the Fourth Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001.
BEFORE PARKER AND DOSS AND YARBROUGH, JJ.
ORDER
Per Curiam
On July 26, 2023, this Court issued an Order of Abatement granting the State's motion to abate proceedings in this matter until after the Court of Criminal Appeals disposed of Ex parte Aparicio, No. PD-0461-23, 2024 Tex.Crim.App. LEXIS 739 (Tex. Crim. App. Oct. 9, 2024). The Court of Criminal Appeals has issued its opinion in Ex parte Aparicio and mandate issued on November 25, 2024.
Now pending before this Court is the State's "Second Motion for Stay in Proceedings," in which the State represents that a petition for certiorari has been filed at the Supreme Court of the United States in Aparicio v. Texas. By its motion, the State requests that this Court continue the stay until the Supreme Court of the United States has concluded proceedings in that matter.
We deny the State's motion and reinstate the case on our active docket. See Tex. R. App. P. 43.6. The Court directs Appellant to file any supplemental briefing desired to address the issues raised by the resolution of Ex parte Aparicio no later than December 31, 2024. The State's brief is due within thirty days of either December 31, 2024, or the filing of such briefing, whichever comes first.
It is so ordered.