State v. Marcus Tyler Scheffield

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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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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