WR-83,996-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/20/2015 11:14:32 AM
Accepted 10/20/2015 11:19:41 AM
ABEL ACOSTA
NO. WR-83,996-01 CLERK
IN THE COURT OF CRIMINAL APPEALS RECEIVED
COURT OF CRIMINAL APPEALS
10/20/2015
ABEL ACOSTA, CLERK
In re Sylvia Martinez
RESPONSE TO STATE’S MOTION FOR LEAVE TO FILE MANDAMUS
Cause. No. 04-15-00348-CR in the Fourth Court of Appeals San Antonio,
Texas.
Cause No. 2014CR1384 in the 187thth Judicial District, Bexar County
Honorable Steven C. Hilbig, Judge Presiding
_____________________________________________________________
TO THE HONORABLE JUDGES OF THIS COURT:
Comes now Sylvia Martinez, in the above-entitled and numbered cause, and
respectfully files this response to the State of Texas’ motion for leave to file a writ
of mandamus and would show as follows:
The State’s Motion for leave to file mandamus and underlying filings in this
Court are moot.
On October 9, 2015, The State of Texas filed, in this Court, a motion for leave
to file a writ of mandamus, a motion for stay, and a writ of mandamus concerning
the following cause numbers: Cause. No. 04-15-00348-CR in the Fourth Court of
Appeals San Antonio, Texas and Cause No. 2014CR1384 in the 187thth Judicial
District, Bexar County Honorable Steven C. Hilbig, Judge Presiding.
At this time, the issues presented in said filings have been rendered moot as
the underlying trial case entitled the State of Texas v. Sylvia Martinez, cause no.
2014CR1384, was dismissed by a motion of the State of Texas which was granted
on October 5, 2015. See attached Exhibit 1, Certified Copy of State’s Motion to
Dismiss signed by Judge Hilbig. Since no underlying case is pending at this time,
the filings of the State of Texas in this matter are moot.
Prayer
WHEREFORE PREMISES CONSIDERED, Sylvia Martinez requests this
Honorable court deny the State’s Motion for leave to file Mandamus as moot and
for all or relief in equity or law.
Respectfully submitted,
LAW OFFICE OF Chad Van Brunt
310 S. St. Mary’s St.
Suite 1840
San Antonio, TX 78205
Tel: (210) 399-8669
Fax: (210) 568-4927
By: /s/Chad Van Brunt
Chad P. Van Brunt
State Bar No. 24070784
Attorney for Sylvia Martinez
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above foregoing document has been
delivered by hand delivery and or electronic service to the following:
Honorable Nicolas A. Lahood
District Attorney, Bexar County
101 W. Nueva, Suite 370
San Antonio, TX 78205
on this the 20th day of October, 2015.
By: /s/Chad Van Brunt
Chad Van Brunt