WR-83,996-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/9/2015 7:04:32 PM
Accepted 10/12/2015 3:55:08 PM
ABEL ACOSTA
No. _______________ CLERK
§ IN THE TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
§ 10/12/2015
IN RE SYLVIA MARTINEZ ABELAPPEALS
§ COURT OF CRIMINAL ACOSTA, CLERK
§
§
§ AT AUSTIN, TEXAS
_______________________________________
MOTION FOR EMERGENCY
STAY OF AN ORDER OF THE
COURT OF APPEALS FOR THE
FOURTH COURT OF APPEALS DISTRCT OF TEXAS
IN CAUSE NO. 04-15-00348-CR
_____________________________________
NICHOLAS “NICO” LAHOOD
Criminal District Attorney
Bexar County, Texas
LAUREN A. SCOTT
Assistant Criminal District Attorney
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva, 7th Floor
San Antonio, Texas 78205-3030
Telephone No. (210) 335-2885
Email: lscott@bexar.org
State Bar No. 24066843
Attorneys for the State
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of
Bexar County and Counsel for the State of Texas, and files this motion asking for
an emergency stay of a mandamus order of the Court of Appeals for the Forth
Court of Appeals District of Texas in Cause No. 04-15-00348-CR. In support of
this motion the State would show the Court the following:
I. The Orders
Real party in interest, Sylvia Martinez, is charged with committing
prostitution. See Tex. Penal Code § 43.02. She was indicted on February 26, 2015
and on March 18 2015 she was arraigned and defense counsel was appointed. The
case was set for trial on June 5, 2015 and Martinez filed a pre-trial application for
writ of habeas corpus on the same day the case was set for trial. On Monday June
8, 2015, the trial court denied Martinez’s request to issue a writ. On the same day,
Martinez filed a petition for writ of mandamus with the Respondent, the Fourth
Court of Appeals, and on June 15, 2015 she filed a supplemental memorandum for
the petition for mandamus. On August 26, 2015, the Respondent conditionally
granted the petition of mandamus and ordered the trial court to rule on Martinez’s
habeas application or provide her enough time to file her application in another
court.
II. The Application for Mandamus
In addition this emergency motion for stay, the State will be filing an
application for writ of mandamus in this Court seeking relief from the order of the
Court of Appeals for the Fourth Court of Appeals District of Texas which requires
that the trial court must decide to issue the writ and to grant or deny the relief
requested.
III. Emergency Relief Necessary
Unless an emergency stay is granted the issue presented in the
simultaneously filed application for mandamus relief may become moot. An
emergency stay is necessary to maintain the status quo and to preserve this Court’s
jurisdiction to consider the merits of this original proceeding. In the original
mandamus proceeding, the State asks this Court to consider whether the trial court
retains discretion to refuse to issue a pre-trial writ of habeas corpus on the eve of
trial.
A stay order will not result in prejudice to any of the parties to this action. It
will merely preserve the status quo, until this Court is able to resolve the issue
presented in the State’s mandamus application. Therefore the State asks this Court
for an emergency stay of the Fourth Court’s order in reference to this matter until
such time as this Court disposes of the matter presented.
IV. CERTIFICATION OF DILIGENT EFFORT TO NOTIFY
I, LAUREN A. SCOTT, hereby certify that I have made a diligent effort to
contact counsel for all parties identified in the certificate of service to this
document to notify them of the State’s request for temporary relief and that the
state has applied for mandamus relief in this cause.
PRAYER
WHEREFORE PREMISES CONSIDERED, the State asks this court for an
emergency stay of all lower court proceedings and orders in reference to this
matter pending resolution of the State’s application for writ of mandamus.
Respectfully submitted,
NICHOLAS “NICO” LAHOOD
Criminal District Attorney
Bexar County, Texas
/s/ Lauren Scott
______________________
LAUREN A. SCOTT
Assistant Criminal District Attorney
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva, 7th Floor
San Antonio, Texas 78205-3030
Telephone No. (210) 335-2885
State Bar No. 24066843
Attorneys for the State
CERTIFICATE OF SERVICE
I, Lauren A. Scott, Assistant Criminal District Attorney for Bexar County,
Texas, certify that a copy of the foregoing document is being electronically mailed
to the following parties and they are being made aware of the State’s application
for writ of mandamus and that the State is requesting the emergency relief
requested here:
Respondent/Court of Appeals Justices
Hon. Chief Justice Cathy Stone
Hon. Justice Marilyn Bernard
Hon. Justice Rebecca Martinez
Fourth Court of Appeals
Real Party in Interest
Sylvia Martinez
Represented by:
Chad P. Van Brunt
State Bar No. 24070784
Angela Moore
State Bar No. 14320110
310 S. St. Mary’s Street, Suite 1830
San Antonio, Texas 78205
Trial Court Judge
The Honorable Steve Hilbig
187th Judicial District Court, Bexar County, Texas
/s/
________________________________
Lauren A. Scott
DATE: October 9, 2015