Leonel Hernandez v. the State of Texas ( 2022 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
LEONEL HERNANDEZ, § No. 08-19-00152-CR
Appellant, § Appeal from the
v. § 168th District Court
THE STATE OF TEXAS, § of El Paso County, Texas
State. § (TC# 20160D03827)
§
ORDER
On September 21, 2021, this Court abated proceedings in this appeal and ordered the trial
court to issue findings of fact and conclusions of law related to a suppression issue. See TEX.CODE
CRIM.PROC.ANN. art. 38.22. The trial court’s findings of fact and conclusions of law are currently
due to be filed with this Court on March 1, 2022.
On February 28, 2022, the Honorable Marcos Lizarraga, judge of the 168th District Court,
filed a motion to abate the deadline to file his findings of fact and conclusions of law. In his motion,
Judge Lizarraga stated:
The Trial Court’s Motion to Abate is based upon the fact that I am currently
involved in proceedings against the Texas State Commission on Judicial Conduct.
My attorneys representing me in that matter are the same attorneys representing
Mr. Hernandez on appeal, Jim and Jeep Darnell, and I feel that it would be improper
to be ruling on matters involving those attorneys during their active representation
of me.
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Judge Lizarraga indicates in his motion that he has conferred with counsel for Hernandez
and counsel for the State, and that neither party is opposed to his motion.
As such, we ORDER that the deadline to file the findings of fact and conclusions of law is
hereby stayed pending further order of this Court.
IT IS SO ORDERED this 28th day of February, 2022.
PER CURIAM
Before Rodriguez, C.J., Palafox and Alley, JJ.
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