Lionel Gonzales v. State

• Court: Court of Appeals of Texas
• Decided: April 8, 2013
• Docket: 04-11-00405-CR
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas April 08, 2013

No. 04-11-00405-CR

Lionel GONZALES, Appellant v. The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2004CR1992 Honorable Ron Rangel, Judge Presiding

ORDER In an opinion delivered on February 27, 2013, the Texas Court of Criminal Appeals reversed our judgment in this appeal, and remanded the case to this court with instructions to conduct the Barker1 balancing test under the correct standard for determining prejudice, i.e., to review the record “not for proof of prejudice but rather the rebuttal or extenuation of prejudice.” Gonzales v. State, No. PD-0724-12, 2013 WL 765575, at *1 (Tex. Crim. App. Feb. 27, 2013) (not designated for publication) (citing Doggett v. United States, 505 U.S. 647, 658 (1992)). The mandate was issued on March 25, 2013. Accordingly, the parties may file amended briefs addressing the issue of prejudice. The appellant’s amended brief, if any, is due within thirty days from the date of this order. The State’s amended brief will be due thirty days after the appellant’s amended brief is filed in this court. If either party chooses not to file an amended brief, the party is ORDERED to promptly notify the court of such fact.

____________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of April, 2013.

____________________________________ Keith E. Hottle Clerk of Court

1 Barker v. Wingo, 407 U.S. 514, 530-31 (1972).