Opinion
04-24-00312-CR
05-07-2024
The STATE of Texas, Appellant v. Alejandro CONTRERAS, Appellee
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR5252 Honorable Michael E. Mery, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
In the underlying case, the trial court granted the defendant's motion to set aside the indictment. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1). The clerk's record has not yet been filed, but the State asserts that it timely filed its notice of appeal. See id. art. 44.01(d). It moved this court to stay the underlying proceedings pending disposition of this appeal. See id. art. 44.01(e).
The State's motion is GRANTED. See id. ("The [S]tate is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b) of this article.").
We ORDER the trial court to STAY the proceedings in the underlying case pending disposition of this appeal or further order of this court. See id.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of May, 2024.