in Re Sylvia Martinez

Opinion

WR-83,996-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/21/2015 2:48:18 PM Accepted 10/21/2015 3:55:25 PM ABEL ACOSTA WR-83,996-01 CLERK

§ IN THE COURT OF RECEIVED COURT OF CRIMINAL APPEALS § 10/21/2015 IN RE § ABEL ACOSTA, CLERK SYLVIA MARTINEZ § CRIMINAL APPEALS § § AUSTIN, TEXAS

MOTION TO WITHDRAW MOTION FOR LEAVE TO FILE AN ORIGINAL PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL

APPEALS:

NOW COMES the Bexar County District Attorney’s office and files this

motion to withdraw the State’s motion for leave to file an original petition for writ

of mandamus and in support thereof would respectfully show the Court as follows:

The underlying case of State of Texas v. Sylvia Martinez, Cause Number

2014CR1384, from the 187th District Court of Bexar County was dismissed for

further investigation on October 5, 2015. The undersigned counsel did not receive

notice of the dismissal until after filing the original proceeding documents pursuant

to Texas Rule of Appellate Procedure 72. Since the underlying criminal case no

longer exists, the State respectfully moves to withdraw the original proceeding

filings for In re Sylvia Martinez.

1 WHEREFORE, PREMISES CONSIDERED, the Bexar County

Criminal District Attorney’s Office requests that this Court allow the State to

withdraw its motion for leave to file an original petition for writ of mandamus.

Respectfully submitted,

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

/S/ LAUREN SCOTT ___________________________ Lauren A. Scott Assistant District Attorney State Bar No. 24066843 101 W. Nueva San Antonio, Texas 78205 210-335-2885 Email: lscott@bexar.org

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing instrument has been served on the counsel of record by electronic mail on October 21, 2015.

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

/s/ Lauren A. Scott ______________________________ Lauren A. Scott