IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,831-01
In Re LUIS SOLIS-GONZALEZ, Relator
ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF
MANDAMUS, APPLICATION FOR WRIT OF MANDAMUS, AND MOTION TO
STAY THE PROCEEDINGS BELOW IN CAUSE NO. 20120D04103
IN THE 243 RD JUDICIAL DISTRICT COURT
EL PASO COUNTY
Per curiam.
ORDER
We have before us a motion for leave to file an emergency application for a writ of
mandamus, an emergency application for a writ of mandamus, and an emergency motion
for a stay of the trial court proceedings. In August 2012, a grand jury indicted Relator for
the offense of capital murder. Evidence in the case was collected, and the State moved
for DNA testing by the Texas Department of Public Safety Crime Lab pursuant to Texas
Solis Gonzalez - 2
Code of Criminal Procedure Article 38.43. The trial court granted that testing. However,
the lab has asked for more time in which to complete the testing, and it appears that the
trial court has scheduled the trial to proceed before the results of that testing have been
completed. Relator has filed these pleadings in response to the apparent violation of
Article 38.43.
Before this Court makes a decision on Relator’s motion for leave to file, the State
and the trial court should have the opportunity to respond. Therefore, the prosecutor and
the Honorable Luis Aguilar, Judge of the 243rd Judicial District Court, have 30 days from
the date of this order to file any response to Relator’s pleadings. The district clerk is also
ordered to forward to this Court the record of the October 2, 2014, hearing held in the
trial court. The trial proceedings below are stayed pending further order of this Court.
Any DNA testing or other pretrial matters shall continue as scheduled.
IT IS SO ORDERED THIS THE 9th DAY OF FEBRUARY, 2015.
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