Opinion
08-23-00034-CR
03-02-2023
THE STATE OF TEXAS, State, v. ISAIAS BURCIAGA, Appellee
Appeal from the 327th District Court of El Paso County, Texas (TC# 20220D03763)
Before Rodriguez, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
On January 24, 2023, the State of Texas filed a notice of appeal under Texas Code of Criminal Procedure article 44.01(a)(1) of an order signed by the trial court on January 5, 2023, granting Appellee Isaias Burciaga's motion to quash the indictment. Article 44.01(e) entitles the State to a stay of the trial court's proceedings pending disposition of this appeal. And the Texas Court of Criminal Appeals has found that "the trial court is deprived of jurisdiction over the case during the pendency of a State's appeal," which starts with the filing of the notice of appeal. Ex parte Macias, 541 S.W.3d 782, 786 (Tex. Crim. App. 2017); see also State v. Robinson, 498 S.W.3d 914, 921 (Tex. Crim. App. 2016) ("When the State appealed the trial court's grant of shock probation, that stayed the proceedings until the appeal was resolved. The timeline for the trial court to grant shock probation started on December 28, 2011, when Appellee began serving his sentence, and ran through February 14, 2012, when the State filed its notice of appeal.") (emphasis added).
The trial court in this matter issued an order granting Appellee's attorney's motion to withdraw as counsel on February 28, 2023. The trial court's order, however, is void because it was made while the trial court did not have subject-matter jurisdiction over the case. See In re S.A.H., 465 S.W.3d 662, 665 (Tex. App.-Houston [14th Dist.] 2014, no pet.) (stating that a trial court's order is void if made when the trial court lacked subject-matter jurisdiction.). This Court currently has subjection-matter jurisdiction over this matter. Consequently, the motion to withdraw as Appellee's counsel should be filed with this Court.
IT IS SO ORDERED.