Ex Parte Simon Martinez Martinez v. the State of Texas ( 2024 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-24-00012-CR
EX PARTE SIMON MARTINEZ MARTINEZ
On Appeal from the County Court
Kinney County, Texas
Trial Court No. 10388CR
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
This Court previously reversed the trial court’s denial of Appellant’s pretrial writ of
habeas corpus and remanded the matter to the trial court for an evidentiary hearing. 1 Ex parte
Martinez, No. 06-23-00208-CR, 2023 WL 8287845 (Tex. App.—Texarkana Dec. 1, 2023, pet.
filed) (mem. op., not designated for publication). Before the issuance of our mandate, and while
the State’s petition for discretionary review was pending before the Texas Court of Criminal
Appeals, the trial court issued another denial of Appellant’s pretrial writ of habeas corpus, which
is the subject of this appeal.
Recognizing that the trial court’s action prior to the issuance of our mandate was a
nullity, TEX. R. APP. P. 25.2(g) (“Once the record has been filed in the appellate court, all further
proceedings in the trial court—except as provided otherwise by law or by these rules—will be
suspended until the trial court receives the appellate-court mandate.”), Appellant filed a motion
to voluntarily dismiss this appeal, see TEX. R. APP. P. 42.2(a). Appellant’s motion to dismiss
also states his desire to “await a decision from the Court of Criminal Appeals before pursuing his
claim again.” Appellee, the State of Texas, consents to the dismissal.
1
Originally appealed to the Fourth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.).
2
We vacate the trial court’s denial of Appellant’s pretrial writ of habeas corpus issued on
January 9, 2024, grant the appellant’s motion to voluntarily dismiss the appeal, and dismiss this
appeal.2
Charles van Cleef
Justice
Date Submitted: March 11, 2024
Date Decided: March 12, 2024
Do Not Publish
2
Based on our disposition of this appeal, we deny as moot the State’s pending motion to dismiss.
3