Opinion
No. 04-17-00208-CR
04-12-2017
IN RE THE STATE OF TEXAS
This proceeding arises out of Cause No. A16465 and A16466 styled State of Texas v. Mark Bennet Holloway, pending in the 216th Judicial District Court, Kerr County, Texas, the Honorable N. Keith Williams presiding.
ORDER
Sitting: Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
On April 5, 2017, Relator filed a petition for writ of mandamus and motion for emergency stay. Relator's motion for stay included a motion for leave to file Relator's petition for writ of mandamus pursuant to Texas Rule of Appellate Procedure 72. This court is of the opinion that a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real party in interest may file a response to the petition for writ of mandamus in this court no later than April 27, 2017. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
Texas Rule of Appellate Procedure 72 applies to proceedings before the Texas Court of Criminal Appeals. Therefore, Relator's motion for leave to file Relator's petition for writ of mandamus pursuant to Rule 72 is DISMISSED AS MOOT.
Relator's request for emergency relief is GRANTED. All proceedings at the trial court in this matter are stayed pending final resolution of the petition filed in this court.
It is so ORDERED on April 12, 2017.
PER CURIAM ATTESTED TO: /s/_________
Keith E. Hottle, Clerk