Gustavo Tijerina Sandoval v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 15, 2023
• Docket: 13-18-00392-CR
• Status: Published

Opinion

NUMBER 13-18-000392-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

GUSTAVO TIJERINA SANDOVAL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 197th District Court of Cameron County, Texas.

ORDER

Before Justices Benavides, Tijerina, and Peña Order Per Curiam

The parties have filed a joint advisory and motion asking that we continue to stay

this appeal while a related matter plays out in the Texas Court of Criminal Appeals and

potentially the United States Supreme Court. Appellant Gustavo Sandoval was convicted

in the trial court of capital murder and attempted capital murder. Sandoval was sentenced to death on the capital murder conviction, and his appeal from that conviction is currently

pending in the Court of Criminal Appeals. See TEX. R. APP. P. 71.1 (providing for a direct

appeal to the Court of Criminal Appeals for cases in which the death penalty has been

assessed). Sandoval received a life sentence on the attempted capital murder conviction

and appealed that conviction to this Court.

On February 23, 2021, we granted the State’s unopposed motion to stay this appeal

until resolution of Sandoval’s proceeding in the Court of Criminal Appeals because the two

proceedings concerned overlapping issues, and the decision of the Court of Criminal

Appeals may prove dispositive on issues before this Court. We also ordered the parties to

inform us when the Court of Criminal Appeals issued its opinion on Sandoval’s direct appeal

for purposes of reinstating the appeal in this Court.

The parties have notified us that the Court of Criminal Appeals issued its opinion

affirming Sandoval’s capital murder conviction and death sentence on December 7, 2022.

The parties have also notified us that Sandoval has since filed a motion for rehearing, which

is currently pending. Should that motion be denied, Sandoval intends to file a petition for

writ of certiorari in the United States Supreme Court. The parties have asked us to continue

our abatement of Sandoval’s appeal in this Court until he has exhausted his relief in the

other proceeding.

The Court, having fully examined and considered the parties’ request, grants the

motion. Accordingly, Sandoval’s appeal before this Court remains abated. The parties are

2 ordered to notify this Court when his appeal from the capital murder conviction becomes

final.

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Delivered and filed on the 15th day of February, 2023.