Opinion
04-23-00983-CR
11-28-2023
EX PARTE Gustavo Adolfo SANCHEZ-MARTINEZ
From the County Court, Kinney County, Texas Trial Court No. 13061CR Honorable Susan D. Reed, Judge Presiding
ORDER
IRENE RIOS, JUSTICE.
Appellant, Gustavo Adolfo Sanchez-Martinez, filed an application for writ of habeas corpus in the trial court seeking dismissal of his criminal charges in Kinney County Cause No. 13061CR. On October 4, 2023, the trial court denied his application.
Sanchez-Martinez filed a notice of appeal in the trial court on November 8, 2023, which was after the deadline of November 3, 2023, but within the fifteen-day extension period provided by rule 26.3. See Tex. R. App. P. 26.2(a)(1), 26.3. Contemporaneously with his filing of a notice of appeal in the trial court, Sanchez-Martinez filed a motion for extension of time to file his notice of appeal in this court. In his motion, Sanchez-Martinez explained that the delay in filing his notice of appeal was not deliberate or intentional but was due to inadvertence or mistake. See Castillo v. State, 369 S.W.3d 196, 201 n.22 (Tex. Crim. App. 2012); Rodman v. State, 47 S.W.3d 545, 548 (Tex. App.-Amarillo 2000, no pet.).
In addition, on November 8, 2023, Sanchez-Martinez filed a motion requesting a stay of the trial court proceedings in Kinney County Cause No. 13061CR pending resolution of his accelerated appeal. In support of his motion, Sanchez-Martinez attached a file-stamped copy of a docket control order from his underlying criminal case, showing that his underlying criminal case is set for an in-person docket call on January 3, 2024, and for trial on January 8, 2024.
Accordingly, after consideration, the court GRANTS Sanchez-Martinez's motion for extension of time to file his notice of appeal and DEEMS his notice of appeal timely filed. The court further GRANTS Sanchez-Martinez's motion to stay and ORDERS all trial court proceedings in Kinney County Cause No. 13061CR stayed pending final disposition of this appeal. p-v . ></ * j