In Re Mauricio Fernandez Pineda v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 2, 2023
• Docket: 04-23-00203-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 2, 2023

No. 04-23-00203-CR

IN RE Mauricio Fernandez PINEDA

Original Proceeding 1

ORDER

On March 6, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion to stay the underlying proceeding pending our final resolution of the petition for writ of mandamus, which we 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 partially 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 CONDITIONALLY GRANTED. The trial court is ORDERED to rule on relator’s application for writ of habeas corpus filed on January 24, 2023 within 15 days of this order’s issuance.

The complaint raised in relator’s petition for writ of mandamus that the trial court failed to rule on his motion to urge is DISMISSED as moot. The stay imposed on March 8, 2023 is LIFTED.

The writ will issue only if the trial court fails to comply with this order.

It is so ORDERED on August 2, 2023.

_____________________________ Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of August, 2023.

_____________________________ Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 14070CR, styled State of Texas v. Mauricio Fernandez Pineda, pending in the County Court, Kinney County, Texas, the Honorable Susan D. Reed presiding.