Opinion
No. 04-12-00830-CR
05-18-2016
Joseph Lester GREEN, Appellant v. The STATE of Texas, Appellee
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 11-06-10686-CR
The Honorable Camile G. Dubose, Judge Presiding
ORDER
In an opinion delivered on December 16, 2015, the Texas Court of Criminal Appeals reversed our judgment in this appeal, and remanded the case to this court to address appellant's remaining issues. See Green v. State, 476 S.W.3d 440 (Tex. Crim. App. 2015). After the mandate was issued, we set new briefing deadlines for the parties to file amended briefs, if desired. The parties notified this court of their intent to stand on their previously filed briefs and the appeal was set for submission on briefs on May 18, 2016. On May 2, 2016, appellant filed a motion to abate this appeal stating that he has filed a petition for writ of certiorari in the United States Supreme Court seeking review of the Court of Criminal Appeal's December 16, 2015 opinion. Appellant requests that we stay our consideration of the issues on remand in this appeal until the petition for writ of certiorari is resolved by the United States Supreme Court. The State responded that it does not oppose an abatement.
Accordingly, we ORDER this appeal ABATED. The May 18, 2016 submission date is WITHDRAWN. For administrative purposes, the appeal will be treated as a closed case, unless and until it is reinstated by court order. It is further ORDERED that appellant file in this court a copy of the United States Supreme Court's order and/or opinion disposing of appellant's petition for certiorari review within ten (10) days after it becomes final.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court