Ex Parte Cristian Medina-Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 6, 2025
• Docket: 13-23-00508-CR
• Status: Published

Opinion

NUMBER 13-23-00508-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

EX PARTE CRISTIAN MEDINA-GARCIA ____________________________________________________________

ON APPEAL FROM THE COUNTY COURT OF KINNEY COUNTY, TEXAS ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Justice Fonseca

Appellant Cristian Medina-Garcia challenges the trial court’s denial of his pre-trial

application for writ of habeas corpus.1 Appellant’s brief was due on January 2, 2025. On

January 13, 2025, appellant’s counsel filed “Appellant’s Motion to Dismiss Appeal.” The

motion was signed by appellant’s counsel on her own behalf and on appellant’s behalf,

“with [appellant’s] permission.” On January 14, 2025, the Clerk of this Court notified the

1 This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. parties by letter that “Appellant’s Motion to Dismiss Appeal” failed to comply with Texas

Rule of Appellate Procedure 42.2(a) because it was not signed by the appellant. See TEX.

R. APP. P. 42.2(a). The clerk directed appellant’s counsel to file an amended, compliant

motion within ten days from the date of the notice.

More than ten days have elapsed, and appellant’s counsel has not filed an

amended motion, nor has counsel otherwise responded to the clerk’s January 14, 2025

letter. Further, counsel has not filed appellant’s brief. In light of these failures, the appeal

is hereby dismissed for want of prosecution and for failure to timely comply with a notice

from the clerk requiring a response or other action within a specified time. See TEX. R.

APP. P. 38.8(a)(1), 42.3(b), (c). Any and all pending motions, including “Appellant’s Motion

to Dismiss Appeal,” are dismissed as moot.

YSMAEL D. FONSECA Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 6th day of February, 2025.