Ex Parte Ramon Oniel Saravia Bonilla v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 18, 2023
• Docket: 04-23-00637-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas October 18, 2023

No. 04-23-00637-CR

IN RE Ramon Oniel SARAVIA-BONILLA

Original Proceeding 1

ORDER

On June 29, 2023, Relator, Ramon Oniel Saravia-Bonilla, filed a petition for writ of mandamus, complaining of the trial court’s June 15, 2023, order. Relator also filed a motion to stay the underlying proceedings, which we granted on June 30, 2023.

On June 21, 2023, we issued an opinion holding that equal protection claims are cognizable in a pre-trial application for writ of habeas corpus. See Ex parte Aparacio, 672 S.W.3d 696, 713 (Tex. App.—San Antonio 2023, pet. granted) (en banc). We believe the trial court should have an opportunity to reconsider its decision in light of our recent opinion. Therefore, we DENY the petition for writ of mandamus WITHOUT PREJUDICE to Relator’s seeking relief, if necessary, after the trial court has had an opportunity to reconsider its ruling. See TEX. R. APP. P. 52.8(a).

The stay issued on June 30, 2023, is LIFTED.

It is so ORDERED on October 18, 2023.

_____________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of October, 2023.

_____________________________ Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 11490CR, styled State of Texas v. Ramon Oniel Saravia-Bonilla, pending in the County Court, Kinney County, Texas, the Honorable Susan D. Reed presiding.