State v. Manuel Cardenas

• Court: Court of Appeals of Texas
• Decided: April 20, 2015
• Docket: 04-15-00237-CR
• Status: Published

Opinion

Cause No. 428298 %M S&/\`_' mirimiiypli

STATE OfTEXAS, § IN THE C

Appellant § ' V""F v. § AT LAW No 1§ MANUEL CARDENAS, §

Appeuee § BEXAR CoUNTY, TEXAs

NOTICE OF APPEAL. CERTIFICATIQN. AND REOUEST FOR STAY NOW COMES the State of Texas, by and through Nicholas “Nico” LaHood, Criminal District Attorney of Bexar County, Texas, With the filing of this Notice of

Appeal and Request for Stay in the above styled criminal cause.

I. NoTIcE oF APPEAL Pursuam to -Aracle 44.0`1(&)(1) and (a)(s)\ of the rean Code ar criminal Procedure, the State hereby appeals this Court’s order granting the defendant’s Motion to Suppress Evidence and dismissing the information in the above- numbered cause. The order granting the defendant’s Motion to Suppress Evidence and dismissing the case was granted on April 14, 2015. The State"s Notice of

Appeal is due to be filed on or before May 4, 2015.

II. CERTIFICATION THAT THE APPEAL Is NoT TAKEN FoR PURPosEs oF DELAY I, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar County, Texas, the prosecuting attorney in this case, hereby certify to this Court. that the

appeal in the above styled and numbered cause is not taken for the purpose of

delay and that the issues to be presented and evidence suppressed are of substantial

importance to the case. III. REQUEST FoR STAY oF PRoCEEDlNGs IN rim TRlAL CoURT

Pursuant to Article 44.01(e) of the Texas Code of Criminal Procedure, the State is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b) of Article 44.01. This appeal is taken pursuant to article 44.01(a) of the Texas Code of Crirninal Procedure. Therefore, the State respectfully requests that this court stay all proceedings in this matter pending

disposition of the Statei’s appeal.

Respectfully submitted,

&’Waa,» w

NI@fioLAs “Nlco” LAHooD f;iminal Diszrz`ct Attorney 'Bexa_r County, Texas

101 West Nueva, Seventh Floor

San Antonio~, Texas 78205

Voice: (210) 33 5-2342

Fax: (210)'_335-2884

State Bar No. 2403 03 60

Attorneyfor the State

CERTIFICATE OF SERVICE I, Jennifer D. Rossmeier, Assistant Criminal District Attorney of Bexar County, Texas, hereby certify that a true copy of the above and foregoing Notice of Appeal, Certzfz`catz'on, and Requestfor Stay is being delivered via mail to Robert A.

Valdez, attorney for Defendant/Appellee.

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ENNIF‘E R D. RossMEIER Assistant Crz'mz`nal District Attomey State Bar No. 24079247 101 West Nueva, Suite 7 08 San Antonio, Texas 78205 Phone: (210)\ 335-2734 Fax: (210) 335-2436 Email: jennifer.rossmeier@bexar.org Attomeyfor the State

cc: RoBERT A. VALDEZ Atromey at Law State Bar No. 20428000 410 S. Main, Suite 203 San Antonio, Texas 78204 Voice: (210) 227-2401 Attorneyfor the Defendant/Appellee