Opinion
01-23-00729-CR
01-23-2024
The State of Texas v. Corey Davison
178th District Court of Harris County Trial court case number: 1764779
ORDER
Amparo Monique Guerra, Judge
The State of Texas filed a notice of appeal from the trial court's September 29, 2023 dismissal of the trial court case number 1764779 against appellee, Corey Davison. The dismissal was made in connection with the trial court order granting Davison's application for writ of habeas corpus. This appeal was abated pursuant to a December 28, 2023 order of this Court for the trial court to hold a hearing to make certain findings regarding the appellate record. The trial court held the ordered hearing on January 8, 2024 and a supplemental reporter's record was filed on January 9, 2024.
The State has also filed a notice of appeal from the trial court's order granting Davison's application for writ of habeas corpus, which is pending in this Court as appellate case number 01-23-00728-CR.
On motion of the State, the Court reinstated the appeal on January 18, 2024. The State has filed a "Motion for Leave to File Post-Abatement Brief," requesting leave to file a brief "explaining how the abatement record affects (or, in this case, does not affect)" the appeal. Contemporaneously with the filing of its motion, the State filed its post-abatement brief, which "is 1,960 words, leaving the State's combined briefing in this case at fewer than 6,000 words."
The State's motion for leave to file a post-abatement brief is granted. The Clerk of this Court is directed to accepted as "filed" the State's January 17, 2024 post-abatement brief.
It is so ORDERED