Ex Parte Luis Gustavo Ventura Gil v. the State of Texas ( 2024 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-24-00011-CR
EX PARTE LUIS GUSTAVO VENTURA GIL
On Appeal from the County Court
Kinney County, Texas
Trial Court No. 12027CR
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
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
Gil, No. 06-23-00215-CR, 2023 WL 8287590 (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, on January 9, 2024, 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.”), the State filed a motion to
dismiss this appeal for want of jurisdiction. We requested that appellant file a response to the
State’s motion. In that response, appellant conceded that the trial court’s January 9, 2024, order
is void and that this appeal should be dismissed for want of jurisdiction.
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
In light of the foregoing, we vacate the trial court’s denial of Appellant’s pretrial writ of
habeas corpus issued on January 9, 2024, grant the State’s motion to dismiss the appeal, and
dismiss this appeal.
Jeff Rambin
Justice
Date Submitted: March 21, 2024
Date Decided: March 22, 2024
Do Not Publish
3