in Re Sylvia Martinez

Opinion

WR-83,996-01

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 10/20/2015 11:14:32 AM Accepted 10/20/2015 11:19:41 AM ABEL ACOSTA

NO. WR-83,996-01 CLERK

IN THE COURT OF CRIMINAL APPEALS RECEIVED COURT OF CRIMINAL APPEALS 10/20/2015

ABEL ACOSTA, CLERK

In re Sylvia Martinez

RESPONSE TO STATE’S MOTION FOR LEAVE TO FILE MANDAMUS

Cause. No. 04-15-00348-CR in the Fourth Court of Appeals San Antonio, Texas.

Cause No. 2014CR1384 in the 187thth Judicial District, Bexar County Honorable Steven C. Hilbig, Judge Presiding

_____________________________________________________________

TO THE HONORABLE JUDGES OF THIS COURT:

Comes now Sylvia Martinez, in the above-entitled and numbered cause, and respectfully files this response to the State of Texas’ motion for leave to file a writ of mandamus and would show as follows:

The State’s Motion for leave to file mandamus and underlying filings in this Court are moot.

On October 9, 2015, The State of Texas filed, in this Court, a motion for leave to file a writ of mandamus, a motion for stay, and a writ of mandamus concerning the following cause numbers: Cause. No. 04-15-00348-CR in the Fourth Court of Appeals San Antonio, Texas and Cause No. 2014CR1384 in the 187thth Judicial District, Bexar County Honorable Steven C. Hilbig, Judge Presiding.

At this time, the issues presented in said filings have been rendered moot as the underlying trial case entitled the State of Texas v. Sylvia Martinez, cause no. 2014CR1384, was dismissed by a motion of the State of Texas which was granted on October 5, 2015. See attached Exhibit 1, Certified Copy of State’s Motion to Dismiss signed by Judge Hilbig. Since no underlying case is pending at this time, the filings of the State of Texas in this matter are moot.

Prayer

WHEREFORE PREMISES CONSIDERED, Sylvia Martinez requests this Honorable court deny the State’s Motion for leave to file Mandamus as moot and for all or relief in equity or law.

Respectfully submitted,

LAW OFFICE OF Chad Van Brunt 310 S. St. Mary’s St.

Suite 1840

San Antonio, TX 78205

Tel: (210) 399-8669

Fax: (210) 568-4927

By: /s/Chad Van Brunt

Chad P. Van Brunt

State Bar No. 24070784

Attorney for Sylvia Martinez

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above foregoing document has been delivered by hand delivery and or electronic service to the following:

Honorable Nicolas A. Lahood District Attorney, Bexar County 101 W. Nueva, Suite 370 San Antonio, TX 78205

on this the 20th day of October, 2015.

By: /s/Chad Van Brunt

Chad Van Brunt