State v. Marcus Tyler Scheffield
This text of State v. Marcus Tyler Scheffield (State v. Marcus Tyler Scheffield) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00669-CR
The State of Texas, Appellant
v.
Marcus Tyler Scheffield, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 433RD JUDICIAL DISTRICT
NO. CR2011-575, HONORABLE GARY L. STEEL, JUDGE PRESIDING
O R D E R
PER CURIAM
The State of Texas has filed an interlocutory appeal from the trial court's preliminary order granting appellee Marcus Tyler Scheffield's motion to suppress. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West 2011). Accompanying the notice of appeal, the State filed an application to stay all further proceedings in the trial court pending disposition of the appeal of the suppression order.
Pursuant to the statute granting the State the right to appeal a trial court's order granting a motion to suppress, the State is entitled to a stay in the proceedings pending the disposition of that appeal. Id. art. 44.01(e) (West 2011). Accordingly, we grant the State's request and order the proceedings stayed pending disposition of the appeal of the trial court's order granting appellee's motion to suppress.
It is so ordered on October 11, 2012.
Before Justices Puryear, Pemberton, and Henson
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