Opinion
NO. WR-59,552-03
02-26-2020
IN RE RUBEN GUTIERREZ, Relator
ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF MANDAMUS AND APPLICATION FOR WRIT OF MANDAMUS IN CAUSE NO. 1998-CR-1391-A IN THE 107 JUDICIAL DISTRICT COURT CAMERON COUNTY Per curiam . ORDER
We have before us a motion for leave to file an application for a writ of mandamus and an application for a writ of mandamus. In April 1999, a jury convicted Relator of the offense of capital murder. In May 1999, the jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, sentenced Relator to death. This Court affirmed Relator's conviction and sentence on direct appeal. Gutierrez v. State, No. AP-73,462 (Tex. Crim. App. Jan. 16, 2002) (not designated for publication). This Court denied relief on Relator's initial post-conviction application for a writ of habeas corpus. Ex parte Gutierrez, No. WR-59,552-01 (Tex. Crim. App. May 14, 2008) (not designated for publication). This Court also dismissed a subsequent post-conviction application for a writ of habeas corpus. Ex parte Gutierrez, No. WR-59,552-02 (Tex. Crim. App. Aug. 24, 2011) (not designated for publication).
Relator was set to be executed on October 30, 2019. In the application for a writ of mandamus currently pending before this Court, Relator challenged the validity of the execution warrant issued in his case. On October 11, 2019, the Court determined that it needed more information before it could make a decision on Relator's motion for leave to file, and it ordered the Respondent and the District Clerk to provide certain information. Because the execution warrant appeared to lack the required elements set out in Texas Code of Criminal Appeals Article 43.15, this Court stayed the execution for further review of the issue.
The execution warrant is now moot. Therefore, the Court orders Relator's motion for leave to file dismissed and the stay of execution lifted.
IT IS SO ORDERED THIS THE 26 DAY OF FEBRUARY, 2020. Do Not Publish