Opinion
04-23-00953-CR
11-07-2023
EX PARTE Jesus Heriberto SERRATO-RODRIGUEZ
From the County Court, Kinney County, Texas Trial Court No. 13306CR Honorable Susan D. Reed, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Appellant, Jesus Heriberto Serrato-Rodriguez, filed an application for writ of habeas corpus in the trial court seeking dismissal of his criminal charges in Kinney County Cause No. 13306CR On September 12, 2023, the trial court denied his application.
Serrato-Rodriguez filed a notice of appeal in the trial court on October 25, 2023, which was after the deadline of October 12, 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, Serrato-Rodriguez filed a motion for extension of time to file his notice of appeal in this court. In his motion, Serrato-Rodriguez 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 October 27, 2023, Serrato-Rodriguez filed an emergency motion requesting a stay of the trial court proceedings in Kinney County Cause No. 13306CR pending resolution of his accelerated appeal. In support of his motion, Serrato-Rodriguez attached a file-stamped copy of a docket control order from his underlying criminal case, showing that his underlying criminal case is set for a pretrial hearing via Zoom on November 9, 2023, for an in-person docket call on January 3, 2024, and for trial on January 8, 2024.
Accordingly, after consideration, the court GRANTS Serrato-Rodriguez's motion for extension of time to file his notice of appeal and DEEMS his notice of appeal timely filed. The court further GRANTS Serrato-Rodriguez's emergency motion to stay and ORDERS all trial court proceedings in Kinney County Cause No. 13306CR stayed pending final disposition of this appeal.