in Re Sylvia Martinez

Opinion

WR-83,996-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/9/2015 7:04:32 PM Accepted 10/12/2015 3:55:08 PM ABEL ACOSTA No. _______________ CLERK

§ IN THE TEXAS RECEIVED COURT OF CRIMINAL APPEALS § 10/12/2015 IN RE SYLVIA MARTINEZ ABELAPPEALS § COURT OF CRIMINAL ACOSTA, CLERK § § § AT AUSTIN, TEXAS

_______________________________________

MOTION FOR EMERGENCY STAY OF AN ORDER OF THE COURT OF APPEALS FOR THE FOURTH COURT OF APPEALS DISTRCT OF TEXAS IN CAUSE NO. 04-15-00348-CR _____________________________________

NICHOLAS “NICO” LAHOOD Criminal District Attorney Bexar County, Texas

LAUREN A. SCOTT Assistant Criminal District Attorney Bexar County, Texas Paul Elizondo Tower 101 W. Nueva, 7th Floor San Antonio, Texas 78205-3030 Telephone No. (210) 335-2885 Email: lscott@bexar.org State Bar No. 24066843

Attorneys for the State TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of

Bexar County and Counsel for the State of Texas, and files this motion asking for

an emergency stay of a mandamus order of the Court of Appeals for the Forth

Court of Appeals District of Texas in Cause No. 04-15-00348-CR. In support of

this motion the State would show the Court the following:

I. The Orders

Real party in interest, Sylvia Martinez, is charged with committing

prostitution. See Tex. Penal Code § 43.02. She was indicted on February 26, 2015

and on March 18 2015 she was arraigned and defense counsel was appointed. The

case was set for trial on June 5, 2015 and Martinez filed a pre-trial application for

writ of habeas corpus on the same day the case was set for trial. On Monday June

8, 2015, the trial court denied Martinez’s request to issue a writ. On the same day,

Martinez filed a petition for writ of mandamus with the Respondent, the Fourth

Court of Appeals, and on June 15, 2015 she filed a supplemental memorandum for

the petition for mandamus. On August 26, 2015, the Respondent conditionally

granted the petition of mandamus and ordered the trial court to rule on Martinez’s

habeas application or provide her enough time to file her application in another

court. II. The Application for Mandamus

In addition this emergency motion for stay, the State will be filing an

application for writ of mandamus in this Court seeking relief from the order of the

Court of Appeals for the Fourth Court of Appeals District of Texas which requires

that the trial court must decide to issue the writ and to grant or deny the relief

requested.

III. Emergency Relief Necessary

Unless an emergency stay is granted the issue presented in the

simultaneously filed application for mandamus relief may become moot. An

emergency stay is necessary to maintain the status quo and to preserve this Court’s

jurisdiction to consider the merits of this original proceeding. In the original

mandamus proceeding, the State asks this Court to consider whether the trial court

retains discretion to refuse to issue a pre-trial writ of habeas corpus on the eve of

trial.

A stay order will not result in prejudice to any of the parties to this action. It

will merely preserve the status quo, until this Court is able to resolve the issue

presented in the State’s mandamus application. Therefore the State asks this Court

for an emergency stay of the Fourth Court’s order in reference to this matter until

such time as this Court disposes of the matter presented. IV. CERTIFICATION OF DILIGENT EFFORT TO NOTIFY

I, LAUREN A. SCOTT, hereby certify that I have made a diligent effort to

contact counsel for all parties identified in the certificate of service to this

document to notify them of the State’s request for temporary relief and that the

state has applied for mandamus relief in this cause.

PRAYER

WHEREFORE PREMISES CONSIDERED, the State asks this court for an

emergency stay of all lower court proceedings and orders in reference to this

matter pending resolution of the State’s application for writ of mandamus.

Respectfully submitted,

NICHOLAS “NICO” LAHOOD Criminal District Attorney Bexar County, Texas

/s/ Lauren Scott ______________________ LAUREN A. SCOTT Assistant Criminal District Attorney Bexar County, Texas Paul Elizondo Tower 101 W. Nueva, 7th Floor San Antonio, Texas 78205-3030 Telephone No. (210) 335-2885 State Bar No. 24066843

Attorneys for the State CERTIFICATE OF SERVICE

I, Lauren A. Scott, Assistant Criminal District Attorney for Bexar County,

Texas, certify that a copy of the foregoing document is being electronically mailed

to the following parties and they are being made aware of the State’s application

for writ of mandamus and that the State is requesting the emergency relief

requested here:

Respondent/Court of Appeals Justices

Hon. Chief Justice Cathy Stone Hon. Justice Marilyn Bernard Hon. Justice Rebecca Martinez Fourth Court of Appeals

Real Party in Interest

Sylvia Martinez Represented by: Chad P. Van Brunt State Bar No. 24070784 Angela Moore State Bar No. 14320110 310 S. St. Mary’s Street, Suite 1830 San Antonio, Texas 78205

Trial Court Judge The Honorable Steve Hilbig 187th Judicial District Court, Bexar County, Texas

/s/ ________________________________ Lauren A. Scott

DATE: October 9, 2015