in Re the State of Texas Ex. Rel. Stephen B. Tyler ( 2015 )

NUMBER 13-15-00317-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE THE STATE OF TEXAS EX REL. STEPHEN B. TYLER
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Benavides and Perkes
Per Curiam Order
Relator, the State of Texas ex rel. Stephen B. Tyler, filed a petition for writ of
mandamus and motion for emergency stay in the above cause on July 14, 2015. Through
this original proceeding, relator seeks to compel the trial court to empanel a jury to
conduct the sentencing hearing in this matter and to prohibit the trial court from entering
a judgment in the case until such has occurred.
The Court, having examined and fully considered the motion for emergency stay,
is of the opinion that said motion should be granted. The motion for emergency stay is
hereby GRANTED, and the trial court proceedings, including any sentencing hearing, are
ordered STAYED pending further order of this Court, or until the case is finally decided.
See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary
relief is effective until the case is finally decided.”).
The Court requests that the real party in interest, Brian Anthony Hernandez, or any
others whose interest would be directly affected by the relief sought, file a response to
the petition for writ of mandamus on or before the expiration of ten days from the date of
this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of July, 2015.
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