in Re Sylvia Martinez

WR-83,996-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/21/2015 2:51:37 PM Accepted 10/21/2015 3:55:46 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 MOTION FOR STAY 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 motion to stay proceedings 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. 1 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 2