Opinion
01-23-00728-CR
01-18-2024
178th District Court of Harris County, No. 1822734
ORDER OF REINSTATEMENT
AMPARO MONIQUE GUERRA JUDGE
The State of Texas filed a notice of appeal from the trial court's September 29, 2023 order granting an application for writ of habeas corpus filed by appellee, Corey Davison. This appeal was abated pursuant to a December 28, 2023 order of this Court for the trial court to hold a hearing to make certain findings regarding the appellate record. The trial court held the ordered hearing on January 8, 2024 and a supplemental reporter's record was filed on January 9, 2024.
In addition to granting the application for writ of habeas corpus, the trial court also dismissed with prejudice the underlying case under which Davison was charged, trial court case number 1764779. The State has also filed a notice of appeal of the trial court's dismissal in the underlying trial court case number, which is pending in this Court as appellate case number 01-23-00729-CR.
On January 10, 2024, the State filed a motion to reinstate the appeal, stating that the "purpose of the abatement has been fulfilled" and requesting that the Court reinstate the appeal and set it for submission "at the earliest practicable time." See Tex. R. App. P. 31.2(b). The State's motion to reinstate is granted. This appeal is reinstated on the Court's active docket.
It is so ORDERED.