State v. Victoria Mari Velasquez

• Court: Court of Appeals of Texas
• Decided: April 23, 2015
• Docket: 04-15-00239-CR
• Status: Published

Opinion

A _ .. f\q` C_j:;_\ %FL“;Q§§BS§ZJFNA L ‘O cause No. 473295 ' lms/spa n ,::.3:507

STATE ofTEXAS, § IN THE COUNTY COURT Appellant § v. § AT LAW NO. 6 VICTORIA MARI VELASQUEZ, § Appellee § BEXAR COUNTY, TEXAS

NOTICE OF APPEAL, CERTIFICATION, AND REQUE§T 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 Pursuant to Article 44.01(a)(5) of the Texas Code of Crirninal Procedure, the State hereby appeals this Court’s order granting the defendant’s Motion to Suppress Evidence. The order was signed and entered into the record on April 13,'

2015. The State’s Notice of Appeal is due to be filed on or before May 4, 2015.

II. CERTIFICATION THAT THE APPEAL ls NoT TAKF.N FOR PURPOSES oF DF.LAY 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 are of substantial importance to the case.

IlI. REQUEST FoR STAY oF PROCEEDINGS IN THE TRIAL COURT `Pursuant to Article 44.01(e) of the Texas Code of CriI-ninal 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 Criminal Procedu.re. Therefore, the State respectfully requests that this court stay all proceedings in this matter pending

disposition of the State’s appeal.

Respectfully submitted,

CHoLAs “Nlco” LAHooD _ Criminal DistrictAttorney ' Bexar County, Texas 101 West Nueva, Seventh Floor San Antonio, Texas 78205 Voice: (210) 335-2342 Fax: (210) 335-2884 State Bar No. 24030360 Attorneyj?)r the State

CERTIFICATE OF SERVICE I, Nathan E. Morey, assistant criminal district attorney of Bexar County,

Texas, hereby certify that a true copy of the above and foregoing document is

being delivered via mail and fax to Neil A. Calfas.

4 /% NATHAN E. MOREV Assistant Crz'minal District Attorney State Bar No. 2407475 6 101 West Nueva, Suite 720 San Antonio, Texas 7 8205 Phone: (210) 335-2414 Fax: (210) 335-2436 Email: nathan.morev@bexar.org Attorneyfor the State

cc:NElL A. CALFAS Artorney ar Law State`Bar No. 50511505 540 South St. Mary’s Street San Antonio, Texas 78205 Voice: (210) 212-7766 Fax: (210) 212-6969 Attorney for the Defendant/Appellee