In Re Francisco De Aquino Perez v. the State of Texas

Opinion

Fourth Court of Appeals

San Antonio, Texas

April 26, 2023

No. 04-23-00196-CR

IN RE Francisco De Aquino PEREZ

Original Proceeding 1

ORDER

On March 6, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion for stay of the underlying proceedings pending final resolution of the petition for writ of mandamus, which this court granted in part on March 8, 2023.

After considering the petition, real party in interest’s response, and this record, this court concludes relator is not entitled to the relief sought. Accordingly, the complaint raised in relator’s petition for writ of mandamus that the trial court failed to rule on his application for writ of habeas corpus is DISMISSED as moot. The complaint raised in relator’s petition for writ of mandamus that the trial court failed to rule on his motion to urge is DENIED WITHOUT PREJUDICE. See TEX. R. APP. P. 52.8(a). The stay imposed on March 8, 2023 is LIFTED.

It is so ORDERED on April 26, 2023.

_____________________________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of April, 2023.

_____________________________

Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 13323CR, styled State of Texas v. Francisco De Aquino Perez, pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth and the Honorable Susan D. Reed presiding