Fourth Court of Appeals
San Antonio, Texas
May 3, 2023
No. 04-23-00198-CR
IN RE Santiago Martinez GOROSTIETA
Original Proceeding 1
ORDER
On March 6, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion
for stay of the underlying proceedings pending final resolution of the petition for writ of
mandamus, which this court granted in part on March 8, 2023.
After considering the petition, real party in interest’s response, and this record, this court
concludes relator is not entitled to the relief sought. Accordingly, the complaint raised in relator’s
petition for writ of mandamus that the trial court failed to rule on his application for writ of habeas
corpus is DISMISSED as moot. The complaint raised in relator’s petition for writ of mandamus
that the trial court failed to rule on his motion to urge is DENIED WITHOUT PREJUDICE. See
TEX. R. APP. P. 52.8(a). The stay imposed on March 8, 2023 is LIFTED.
It is so ORDERED on May 3, 2023.
_____________________________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 3rd day of May, 2023.
_____________________________
Michael A. Cruz, Clerk of Court
1
This proceeding arises out of Cause No. 12652CR, styled State of Texas v. Santiago Martinez Gorostieta, pending
in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth and the Honorable Susan D.
Reed presiding