Opinion
No. 11-17-00236-CR
09-18-2017
THE STATE OF TEXAS, Appellant v. JOE D. BRYAN, Appellee
On Appeal from the 220th District Court Comanche County, Texas
Trial Court Cause No. 1319
ORDER
In this case, the State has filed a notice of appeal from an order in which the trial court granted Joe D. Bryan's request for postconviction forensic DNA testing. See TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(6) (West Supp. 2016), ch. 64 (West 2006 & Supp. 2016). The State has also asked this court to stay the proceedings and the order below. Pursuant to Article 44.01(e), the State "is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b)" of Article 44.01.
Accordingly, we order that the proceedings, including the trial court's August 14, 2017 order, are stayed until further order of this court or final disposition of the appeal in this cause. See State v. Villegas, No. 08-15-00002-CR, 2015 WL 1477748 (Tex. App.—El Paso Mar. 23, 2015, order), disp. on merits, 506 S.W.3d 717 (Tex. App.—El Paso 2016, pet. granted).
PER CURIAM September 18, 2017 Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.