Opinion
08-24-00171-CR
07-19-2024
THE STATE OF TEXAS, State, v. WILSON SALVADO PALENCIA, Appellee.
Appeal from the County Court at Law No. 7 of El Paso County, Texas (TC# 20240C03816)
ORDER
On July 19, 2024, at 10:04 a.m., (a Friday) the State filed an Emergency Motion to Enforce Article 44.01 Statutory Stay. The emergency motion was referred to a single justice for decision. See Tex.R.App.P. 10.4(a).
The motion seeks to stay a hearing on Appellee's "Request for Bill of Exception" that is scheduled for Monday, July 22, 2024, at 9:00 a.m. The motion attaches an order dated July 17, 2024, that sets that hearing. The ostensible purpose of the hearing is to certify a Bill of Exceptions that at least in part addresses filings in the El Paso County Clerk's Office that might be part of the eventual Clerk's Record for this appeal. The State's emergency motion seeks to invoke its right to a stay under Texas Code of Criminal Procedure Article 44.01(e). Tex. Code Crim. Pro. Ann. 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."). The State filed its notice of appeal in this case on July 2, 2024, and claims to appeal an "Order Dismissing Indictment," which Article 44.01(a)(1) authorizes as one of the grounds which allows a State's appeal in a criminal case. Id. ("The state is entitled to appeal an order of a court in a criminal case if the order: (1) dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint[.]).
The State's Emergency Motion for Stay is GRANTED and the Court stays the hearing set in County Court at Law No. Seven for July 22, 2024, at 9:00 a.m. in the above styled case. This order is made without prejudice to Wilson Salvado Palencia's or the State's right to ask this Court to issue an appropriate order for supplementation of the appellate record as may be allowed by the Texas Code of Criminal Procedure or the Texas Rules of Appellate Procedure, or this Court's own authority to ensure a complete and accurate appellate record.
IT IS SO ORDERED