Opinion
04-23-01087-CR
01-16-2024
The STATE of Texas, Appellant v. Matthew MARTIN, Appellee
From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR7361 Honorable Frank J. Castro, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
The State appeals from an order granting a motion to suppress evidence. On December 19, 2023, the State filed a "Notice of Appeal, Certification, and Request for Stay" in the trial court. On December 20, 2023, we issued an order explaining that the prosecuting attorney's certification contained a defect. See Tex. Code Crim. Proc. art 44.01(a)(5) (providing that in an appeal from an order granting a motion to suppress evidence, the prosecuting attorney must certify that the appeal is not taken for the purpose of delay and that the evidence is of substantial importance to the case). On December 20, 2023, the State filed an amended notice of appeal correcting the defect in the certification. The amended notice of appeal and certification were timely filed. Accordingly, this appeal is RETAINED on this court's docket.
In conjunction with its amended notice of appeal and certification, the State filed a request for a stay of the trial court's proceedings pending our disposition of this appeal. The request for a stay is GRANTED and the trial court's proceedings are STAYED pending disposition of this appeal. See id. art. 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 this article.").