Opinion
04-22-00870-CR
11-20-2024
The STATE of Texas, Appellant v. Elvin Francisco MOLINA, Appellee
From the County Court, Kinney County, Texas Trial Court No. 12049CR Honorable Dennis Powell, Judge Presiding
Sitting en banc: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice
ORDER
Beth Watkins, Justice
On July 17, 2024, this court issued an opinion and judgment affirming the trial court's order granting Appellee habeas relief and dismissing his criminal case with prejudice. On August 1, 2024, the State filed a motion for en banc reconsideration of this court's opinion and judgment, arguing that Appellee's habeas claim based on equal protection is not cognizable in a pretrial application for writ of habeas corpus. On October 9, 2024, however, the Texas Court of Criminal Appeals held that a habeas claim based on equal protection is cognizable in a pretrial habeas proceeding. Ex parte Aparicio, No. PD-0461-23, 2024 WL 4446878, at *7-8 (Tex. Crim. App. Oct. 9, 2024). The court therefore denies the State's motion.
Nevertheless, acting on its own motion, the court has voted to reconsider this case en banc. See Tex. R. App. P. 19.1(b); 49.7. This appeal remains pending before the en banc court.
The court further concludes that justice requires that the parties be afforded an opportunity to rebrief the issues in light of the Court of Criminal Appeals' decision in Aparicio. See Tex. R. App. P. 38.7; Aparicio, 2024 WL 4446878.
Accordingly, we ORDER the State to file its amended brief, if any, by January 21, 2025. Appellee's amended brief, if any, will be due 60 days after the filing of the State's amended brief. Requests for extension of time will be strongly disfavored.