The State of Texas v. Sebastian Andres Quintero

CourtCourt of Appeals of Texas
DecidedOctober 25, 2024
Docket08-24-00168-CR
StatusPublished

This text of The State of Texas v. Sebastian Andres Quintero (The State of Texas v. Sebastian Andres Quintero) 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.

Bluebook
The State of Texas v. Sebastian Andres Quintero, (Tex. Ct. App. 2024).

Opinion

08-24-00155-CR through 08-24-00157-CR 08-24-00199-CR ACCEPTED 08-24-00155-CR 08-24-00159-CR through 08-24-00161-CR 08-24-00201-CR through 08-24-00202-CR EIGHTH COURT OF APPEALS 08-24-00163-CR through 08-24-00180-CR 08-24-00204-CR through 08-24-00209-CR EL PASO, TEXAS 10/25/2024 11:22 AM 08-24-00183-CR through 08-24-00197-CR 08-24-00212-CR through 08-24-00213-CR ELIZABETH G. FLORES CLERK

IN THE COURT OF APPEALS FOR THE EIGHTH DISTRICT OF TEXAS FILED IN 8th COURT OF APPEALS THE STATE OF TEXAS Appeat from the EL PASO, TEXAS 10/25/2024 11:22:30 AM County Court at Law Number Seven ELIZABETH G. FLORES Clerk

MELVIN ISMAELZURITA 08-24-00155-CR (20240C03822) JOSBEIKER JOSE VILORIA 08-24-00156-CR (2024OC03e321 LUtS ANTONTO VELASQUEZ 08-24-00157-CR (20240C03831) RAFAEL ANGEL GONZALEZ FERNANDEZ 08-24-00159-CR (20240C03755) ALDAIR MILLER VALENXIA 0B-24-00160-CR (20240C03829) JULIO ENRIQUE VEGA 08-24-00161-CR (20240C03830) ELVIS STEFANO TORRES 08-24-00163-CR (20240C03828) JOSE ANTONIO TORRELLES 08-24-00164-CR (20240C03827) ENDERSON JOSE SILVA 08-24-00165-CR (20240C03826) RAMON HEBERTO RUIZ 0B-24-00166-CR (20240C0382s) JOSUE RAFAEL ROMERO 08-24-00167-CR (20240CO3824) SEBASTIAN AN DRES QUI NTERO 08-24-00168-CR (20240C03821) ANGEL EDUARDO QUINTERO 08-24-00169-CR (20240C03820) ANGELO MOISES POLANCO 08-24-00170-CR (20240C0381e) WILSON SALVADO PALENCIA 08-24-00171-CR (20240C03816) ULISES JOSE OLIVEROS 08-24-00172-CR (20240C03801) LUIS ANGEL GONZALEZ 08-24-00173-CR (20240C03713) RODRIGO AN DRES MARTINEZ 08-24-00174-CR (20240C037s2) MIGUEL ANGEL GARCIA 08-24-00175-CR (20240C03756) LUIS JOSE MORA 08-24-00176-CR (20240C03799) LUIS FERNANDO ORTIZ 08-24-00177-CR (20240C0381 1) JOSE SNEYDER ORDONEZ 08-24-00178-CR (20240C03807) JOSE DARIO PAZ 08-24-00179-CR (20240C03817) HEIDER JEFRED PALACIOS 08-24-00180-CR (20240C03815) KEVIN JOSE IRIARTE 08-24-00183-cR (20240C03782]' OMAR RAFAEL GONZALEZ 08-24-00184-CR (20240C03757) EZER ANTONIO MONTIEL 0B-24-00185-CR (20240C03797) OSCARALBINO MARIN 0B-24-00186-CR (2A240C03728) EYLER ROLL MOREJON 0B-24-00187-CR (2O24OCO3769), LENIN ANTON SUAREZ 0B-24-00188-CR (20240C03754\ JELKEL MICHEL HERNANDEZ 08-24-00189-CR (20240C03781) JUAN CARLOS PRESBI 08-24-00190-CR (2O24OCO377O) YORDAN JESUS QUINTERO 08-24-00191-CR (20240C03771) CARLOSANDRES RUBIO 08-24-00192-CR (20240C03752) JOSE ESTEBAN VALERIANO 08-24-00193-CR (20240C03773) ELEAZAR ISAAC PACHECO 08-24-00194-CR (20240C03813) ALDEMARO RAIAEL PEREZ 08-24-00196-CR (20240C03737) ASAEL DANIEL POLANCO 08-24-00196-CR (20240C03741) LUrS TGNACTO VASQUEZ 08-24-00197-CR (20240C03775) ANGEL GABRIEL MACHADO 08-24-00199-CR (20240C03789) EMILIORANON TORRES 08-24-00201-CR (20240CO3772) CRISTIAN EDUARDO RODRIGUEZ 08-24-00202-CR (20240C03748], DARWIN RAMON JIMENEZ 08-24-00204-CR (20240C03785) DIEGO JESUS RIVAS 08-24-00205-CR (20240C03743) DAN I EL ALEXANDER PEREI RA 08-24-00206-CR (20240C03818) GUSTAVO ANDRES ROBLES 08-24-00207-CR (20240C03747) LUIS EDUARDO GONZALEZ 08-24-00208-CR (20240C03778) DEIKER DAVID RAMIREZ 08-24-00209-CR (20240C03823) ELISAUL ISMITH MENDEZ 08-24-00212-CR (20240CO3795) ELIGIO JOSE HERNANDEZ 08-24-00213-CR (20240C03779)

APPFI I FF'S VFRIFIFD M TI rrN TN AR,ATE ADPFAI

NOW COME APPELLEES, by and through their Attorney, Chief Pubtic

Defender Ketti M. Chitdress, and respectfutty request that this appeat be

temporari[y abated and that the Triat Court be ordered to make findings to be

inctuded in the Cterk's Record on Appeat, and in support thereof, states as

foItows:

Page 2 of 24 'l . On May 21 ,2024, the Et Paso County Cterk's Office received f rom the 34'h

Judiciat District Cterk's Office, a one-page document entitted,,ORDER OF

CERTIFICATION AND TRANSFER" (hereinafter "ORDER"), purporting to

order the transfer of indicted cases from the 120th District Court to County

Court at Law Number Seven. (See attached Exhibit A, 'l page).

2, The ORDER:

a. bore the stamp of the District Cl.erk, aLthough no case or record of

any kind had been opened by the District Cterk;

b. contained neither a name nor case number of any matters to which

it apptied;

c. had no exhibit attached; d. was f il.e stamped by the County Cterk. (ld).

3. Atso on May 21 , 2024, the County Cterk's Office received 59 documents

each entitted "RE-INDICTMENT," purporting to charge these 50 Appettees,

and 9 others, with a Ctass B misdemeanor offense, brought by the Grand

Jury for the 120th District Court. (See attached Exhibit B, 59 pages).

4. The re-indictments had never been fited in the District Cterk's Office, but

onty in the County Cterk's Office, as evidenced bythe Proof of Fiting on the

face of the indictments, showing their originat flting to be made in the Page 3 of 24 office of Et Paso County Cterk Detia Briones, and signed by her Deputy.

None of the re-indictments were fiLe stamped either by the District Cterk

or by the County Cterk. (ld.).

5. Atso on May 21 ,2024, the County Cterk's Office received an eight-page

true bil.t [ist of cases heard by the Grand Jury for the 120th District Court.

The eight pages were stapted together, but the document was not bound

to any other document. The eight-page list was atso not tabeLed, titted or

marked in any way that wou[d identify it as an appendix or exhibit. The

eight-page document, tike the re-indictments, was not fite stamped either

by the District Cterk's Off ice or the County C[erk's Office.

6. When new case fites are opened in the County Cterk's Office, a case

number is assigned automatically by the case management system in

which the fites are kept. An audit trail. in the system togs the exact minute

that the matter is opened, and who opened it.

7. Between May 23, 2024, aI 1:58 p.m. and May 28,2024, at 8:24 a.m., a

court file was opened by Deputy County Cterk Cheryt ViLta, for each of the

59 indictments received. (See attached Exhibit C,59 pages).

8. A copy of the ORDER, and each individua['s respective one-page re-

indictment were p[aced into each fite upon opening.

Page l of 24 9. Misdemeanor indictments are highty unusuat, and in fact had never been

done in the years that any of the individuats deating with these cases have

been employed by the County. The process exptained to the County

Cterk's Office inctuded that the District Attorney was to prepare a tist of

cases for the District Court Judge whose Grand Jury returned

misdemeanor indictments. That tist wou[d then be incorporated into the

transfer order. Those matters were to be handted by the District Cterk, the

District Attorney and the transferring judge. Then the indictments and

orders woutd be detivered to the County Cterk in their final form.

(Appel.tee's position is that the process as set forth by the District Courts,

even when fottowed, does not compty with the [aw, in that the matters are

not fited with and docketed by the District Cterk prior to transfer. The

tawfuI process woutd have insured that the District Cterk ptaced at[

necessary documents into their fite prior to transferring their fite to the

County Cterk. Here, however, even the set process was not fottowed).

'l O. On Thursday, June 6, 2024, al 9:00 a.m., the Triat Court hetd a

consotidated hearing on 59 Pteas to the Jurisdiction, where it found that

none of the 59 court fites contained a transfer order that identified the

case to which it apptied. The Court took judicial. notice of the ORDER

Page 5 of 24 contained in each fite and made a finding that each was a one-page

document with no attachment.

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Related

in Re: El Paso County Commissioners Court
164 S.W.3d 787 (Court of Appeals of Texas, 2005)
State v. Robinson
498 S.W.3d 914 (Court of Criminal Appeals of Tennessee, 2016)

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The State of Texas v. Sebastian Andres Quintero, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-state-of-texas-v-sebastian-andres-quintero-texapp-2024.