in Re: Sergio Sierra

• Court: Court of Appeals of Texas
• Decided: June 28, 2004
• Docket: 13-04-00294-CR
• Status: Published

Opinion

v00154

NUMBER 13-04-294-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________

IN RE SERGIO SIERRA,                                                             Relator.

On Petition for Writ of Prohibition and Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Castillo

Opinion Per Curiam

          On June 14, 2004, relator, Sergio Sierra, filed a petition for writ of prohibition and writ of mandamus in which he requests this Court to: (1) stop the trial in Cause No. 04-CR-278-E in the 357^th Judicial District Court of Cameron County, Texas; and (2) order respondent, the Honorable Darrell Hester, presiding judge of the Fifth Administrative Judicial Region, to reassign the Honorable Mario Ramirez to preside over Cause No. 04-CR-278-E and vacate his assignment of the Honorable Joaquin Villarreal to preside over Cause No. 04-CR-278-E. Relator also filed a request for a stay of the trial court proceedings, which we granted. We requested a response from real part in interest, the State of Texas, by June 24. On June 21, the State filed an emergency motion to dismiss, to lift the stay, and for sanctions.

          After reviewing the petition and other materials filed by the parties, this Court is of the opinion that the petition should be denied. Accordingly, we DENY the petition for writ of mandamus and writ of prohibition and lift the stay. We DISMISS the State’s motion as moot.

                                                                                      PER CURIAM

Do not publish.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

Opinion delivered and filed

this the 28th day of June, 2004.