ACCEPTED
01-15-00710-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/9/2015 4:01:02 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00709-CR
NO. 01-15-00710-CR
NO. 01-15-00711-CR
FILED IN
__________________________________________1st COURT OF APPEALS
HOUSTON, TEXAS
In the Court of Appeals for the First District of Texas at Houston, Texas4:01:02 PM
10/9/2015
___________________________________________ CHRISTOPHER A. PRINE
Clerk
ROBERT JAMES MARTIN V. THE STATE OF TEXAS
____________________________________________
On appeal from the 149th District Court of Brazoria County, Texas, No. 74428 et al.
___________________________________________
APPELLANT'S MOTION TO STAY PROCEEDINGS
_____________________________________________________
TO THE HONORABLE COURT OF APPEALS: Robert James Martin, appellant,
files this Motion to Stay in this cause, and in support shows the following:
1. Nature of Proceeding. This appeal arises out of a proceeding in the District
Court for the 149th Judicial District of Brazoria County, Texas. Robert James
Martin entered a plea of guilty to three counts of aggravated robbery and was
sentenced by the trial court. The judgment became final on July 29, 2015. Mr.
Martin filed a timely Motion for New Trial on August 27, 2015, and timely
presented the motion for hearing to the trial court.
2. Deadline for Trial Court Action. Mr. Martin’s Motion for New Trial is
overruled by operation of law on the 75th day after the judgment was entered
(October 12, 2015) TEX. R. APP. PROC. 21.8. The trial court scheduled hearing on
this motion for October 15, 2015. The undersigned counsel brought this to the
trial court’s attention. The trial court has made docket sheet entries in each case
indicating this is the soonest date available to the trial court.
3. Prejudice to Appellant. Holding a hearing in the trial court on a legally moot
motion will only serve to complicate the issues in the case. The hearing is
necessary to develop evidence regarding the voluntariness of the plea entered by
Mr. Martin. Additionally, the court record is not prepared and available.
4. Prayer. WHEREFORE, Appellant requests that this Court stay the trial court
proceedings as currently scheduled.
Respectfully submitted,
/s/David Ryan
DAVID RYAN
SBN: 00786412
6161 Savoy Dr., Suite 1116
Houston, Texas 77036
(713)223-9898 FAX (713) 223-8448
Attorney for Appellee
APPENDIX: Docket Sheets, Brazoria County Cause No. 74428
CERTIFICATE OF CONFERENCE
I, David Ryan, hereby certify that counsel for appellee is not opposed to Appellee’s
Motion to Stay.
/s/David Ryan
DAVID RYAN
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion has been served
on all counsel of record, on October 9, 2015.
/s/ DMR__________
DAVID M. RYAN
Appendix