Opinion
NO. WR-81,577-02
04-01-2020
IN RE FABIAN HERNANDEZ, Movant
ON MOTION TO STAY THE EXECUTION CAUSE NO. 20060D05825 IN THE 346 JUDICIAL DISTRICT COURT EL PASO COUNTY Per curiam. ORDER
We have before us a motion to stay Movant's execution. In November 2009, a jury found Movant guilty of the 2006 offense of capital murder. Based on the jury's answers to the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, the trial court sentenced Movant to death. This Court affirmed Movant's conviction and sentence on direct appeal. Hernandez v. State, 390 S.W.3d 310 (Tex. Crim. App. 2012).
This Court thereafter denied relief on Movant's initial post-conviction application for a writ of habeas corpus. Ex parte Hernandez, No. WR-81,577-01 (Tex. Crim. App. Jan. 28, 2015) (not designated for publication).
Relator is set to be executed on April 23, 2020. We have determined that the execution should be stayed at the present time. Therefore, we grant Movant's motion to stay his execution for a period of sixty days. The stay will be automatically lifted upon expiration of that time.
IT IS SO ORDERED THIS THE 1 DAY OF APRIL, 2020. Do Not Publish