WR-83,996-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/21/2015 2:50:35 PM
Accepted 10/21/2015 3:55:37 PM
ABEL ACOSTA
WR-83,996-01 CLERK
§ IN THE COURT OF RECEIVED
COURT OF CRIMINAL APPEALS
§ 10/21/2015
IN RE § ABEL ACOSTA, CLERK
SYLVIA MARTINEZ § CRIMINAL APPEALS
§
§ AUSTIN, TEXAS
MOTION TO WITHDRAW ORIGINAL PROCEEDING PETITION FOR
WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
NOW COMES the Bexar County District Attorney’s office and files this
motion to withdraw the State’s original proceeding petition for writ of mandamus
and in support thereof would respectfully show the Court as follows:
The underlying case of State of Texas v. Sylvia Martinez, Cause Number
2014CR1384, from the 187th District Court of Bexar County was dismissed for
further investigation on October 5, 2015. The undersigned counsel did not receive
notice of the dismissal until after filing the original proceeding documents pursuant
to Texas Rule of Appellate Procedure 72. Since the underlying criminal case no
longer exists, the State respectfully moves to withdraw the original proceeding
filings for In re Sylvia Martinez.
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WHEREFORE, PREMISES CONSIDERED, the Bexar County
Criminal District Attorney’s Office requests that this Court allow the State to
withdraw its motion for leave to file an original petition for writ of mandamus.
Respectfully submitted,
NICHOLAS “NICO” LAHOOD
Criminal District Attorney
Bexar County, Texas
/S/ LAUREN SCOTT
___________________________
Lauren A. Scott
Assistant District Attorney
State Bar No. 24066843
101 W. Nueva
San Antonio, Texas 78205
210-335-2885
Email: lscott@bexar.org
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing instrument
has been served on the counsel of record by electronic mail on October 21, 2015.
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
/s/ Lauren A. Scott
______________________________
Lauren A. Scott
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