Opinion
04-24-00713-CR
10-21-2024
Jacob Daniel PULLEN, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 20-0296-CR-B Honorable William D. Old III, Judge Presiding
ORDER
PER CURIAM.
On October 18, 2024, appellant filed an emergency motion seeking a stay of his community supervision pending the outcome of this appeal. According to the representations made by appellant in his motion and the docket sheet attached as an exhibit to his motion, appellant was convicted by a jury and sentenced on October 17, 2024, by the trial court to a term of community supervision. Appellant filed his notice of appeal the same day. However, appellant represents the trial court declined to suspend the terms of appellant's community supervision pending the outcome of this appeal. See Humphries v. State, 261 S.W.3d 144, 145-46 (Tex. App.-San Antonio 2008, no pet.) (holding the "trial court erred by ordering that the terms of [appellant's] community supervision commenced immediately, notwithstanding [appellant's] timely appeal.").
After reviewing appellant's motion and the authority cited therein, we GRANT the motion and STAY the terms of appellant's community supervision pending further order of this court. Appellant is ORDERED to file the reporter's record of the sentencing hearing no later than October 28, 2024. If appellee wishes to file a response to appellant's motion, the response must be filed no later than October 31, 2024.
It is so ORDERED.