Case Information
*0 RECEIVED COURT OF CRIMINAL APPEALS 2/6/2015 ABEL ACOSTA, CLERK *1 WR-82,831-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/6/2015 3:39:05 AM Accepted 2/6/2015 9:42:33 AM ABEL ACOSTA IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK
STATE OF TEXAS §
§ § CASE NO. ___________________
v.
§
LUIS SOLIS GONZALEZ §
DEFENDANT’S EMERGENCY MOTION FOR A
STAY OF TRIAL COURT PROCEEDINGS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Luis Solis Gonzalez, Defendant in the above styled and numbered cause,
and requests an emergency stay of proceedings in the trial court, and would show the Court as
follows:
1. On January 9, 2015, the trial court ordered the Defendant to proceed to trial for a
capital offense in which the State is seeking the death penalty before the Texas
Department of Public Safety performs DNA tests of biological evidence collected as
part of the investigation for the offense.
2. The court is set to proceed with trial beginning on February 9, 2015.
3. The Defendant filed its Emergency Writ of Mandamus on February 5, 2015.
4. The Defendant respectfully requests that a stay of the trial court proceedings be
ordered pending a resolution of the Defendant’s appeal.
PRAYER
WHEREFORE, the Defendant prays that its motion be granted and an emergency
stay of the trial court proceedings be ordered pending resolution of the Defendant’s appeal.
Respectfully submitted,
J OE A. S PENCER
A TTORNEY AND C OUNSELOR AT L AW
1009 Montana Ave.
El Paso, Texas 79902
(915) 532-5562
(915) 532-7535 fax
/s/
J OE A. S PENCER
State Bar No. 18921800
J OSHUA C. S PENCER
A TTORNEY AND C OUNSELOR AT L AW
1009 Montana Ave.
El Paso, Texas 79902
(915) 532-5562
(915) 532-7535 fax
/s/
J OSHUA C. S PENCER
State Bar No. 24067879
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the above motion was sent by hand delivery
to State’s Assistant District Attorney, Denise Butterworth and to the trial court: the Honorable
Luis Aguilar, 243 rd District Court of El Paso County, Texas. /s/
J OE A. S PENCER