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in Re Luis Jesus Banchi-Dimas

Court: Court of Appeals of Texas
Date filed: 2023-01-17
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Combined Opinion
                             Fourth Court of Appeals
                                    San Antonio, Texas

                                         January 17, 2023

                                        No. 04-23-00056-CR

                               IN RE Luis Jesus BANCHI-DIMAS

                                  Original Mandamus Proceeding

                                             ORDER


Sitting: Patricia O. Alvarez, Justice
         Irene Rios, Justice
         Lori I. Valenzuela, Justice

       On January 17, 2023, relator filed a petition for writ of mandamus and a motion for
emergency stay pending final resolution of the petition for writ of mandamus. This court believes
a serious question concerning the mandamus relief sought requires further
consideration. See TEX. R. APP. P. 52.8(b). Respondent and real party in interest may file a
response to the petition in this court no later than February 6, 2023. Any such response must
conform to Texas Rule of Appellate Procedure 52.4.

       Relator’s motion for emergency stay is GRANTED IN PART as follows:

           1. All pretrial settings requiring relator’s in-person appearance are STAYED
              pending further order from this court. Pretrial settings that do not require relator’s
              in-person appearance may proceed.

           2. The January 23, 2023 trial setting is STAYED pending further order from this
              court.



       It is so ORDERED on January 17, 2023.



                                                                        PER CURIAM
ATTESTED TO: _____________________________
             Michael A. Cruz,
             CLERK OF COURT