Opinion
07-24-00073-CR
05-30-2024
EX PARTE OSCAR DE LA CRUZ RIVERA
On Appeal from the County Court Kinney County, Texas Trial Court No. 13456CR, 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 OF ABATEMENT
Per Curiam
Appellant, Oscar de la Cruz Rivera, appeals from the trial court's order denying his pretrial application for writ of habeas corpus. Now pending before this Court is the State's motion to abate proceedings until after the Court of Criminal Appeals disposes of Ex parte Aparicio, PD-0461-23. A petition for discretionary review was granted in Ex parte Aparicio on August 23, 2023. By its motion to abate, the State represents that the issues in the present appeal are fundamentally the same as those raised in Ex parte Aparicio. Appellant has filed a response stating he does not oppose the State's request for a stay.
To expedite the possible disposition of this appeal and in the interest of conservation of judicial resources, we grant the motion and abate the appeal. All appellate deadlines are suspended. The case will be removed from our active docket and treated as a suspended case. See TEX. R. APP. P. 2, 43.6. The case will not be reinstated on the Court's docket until after final disposition of Ex parte Aparicio by the Court of Criminal Appeals.
The parties are directed to advise the Court, in writing, of any disposing order or judgment issued by the Court of Criminal Appeals in PD-0461-23 within ten days of issuance.
It is so ordered.