State v. Irma Claudio Garcia

Opinion

Fourth Court of Appeals San Antonio, Texas February 19, 2014

No. 04-14-00101-CR

The STATE of Texas, Appellant

v.

Irma Claudio GARCIA, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8677 Honorable Andrew Wyatt Carruthers, Judge Presiding

ORDER The trial court granted appellee’s motion to suppress evidence. “The [S]tate is entitled to appeal an order of a court in a criminal case if the order . . . grants a motion to suppress evidence . . . .” TEX. CODE CRIM. PROC. ANN. art 44.01(a) (West 2013). Further, “the [S]tate is entitled to a stay of the proceedings pending the disposition of an appeal under Subsection (a).” Id. art. 44.01(e).

Here, the State filed a request for stay, concomitant with the filing of the notice of appeal. Pursuant to article 44.01(e), we GRANT the State’s request. We ORDER the proceedings in the underlying case stayed pending disposition of the appeal. See id.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of February, 2014.

___________________________________ Keith E. Hottle Clerk of Court