COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Ex parte Richard Vincent Letizia Appellate case number: 01-16-00808-CR Trial court case number: 2112524 Trial court: County Criminal Court at Law No. 5 of Harris County On February 14, 2018, this Court affirmed the trial court’s order denying appellant Richard Vincent Letizia’s application for a writ of habeas corpus. See Ex parte Letizia, No. 01-16-00808-CR, 2019 WL 610719 (Tex. App.—Houston [1st Dist.] Feb. 14, 2019, no pet. h.) (mem. op., not designated for publication). Appellant has filed a “Motion for Stay of Mandate Pending Petition for Discretionary Review,” pursuant to Texas Rule of Appellate Procedure 31.4(a)(1). See TEX. R. APP. P. 31.4(a)(1); see also TEX. R. APP. P. 67.2 (providing for stay of mandate by Texas Court of Criminal Appeals). He requests a stay of the mandate “to provide time for the Court of Criminal Appeals to decide whether to grant discretionary review.”

Appellant has filed his motion for a stay of mandate with the Texas Court of Criminal Appeals, which has granted him an extension of time to file a petition for discretionary review. Our mandate is not yet set to issue. See generally TEX. R. APP. P. 18.1(a) (providing for issuance of mandate in court of appeals). Accordingly, appellant’s motion for a stay of mandate is dismissed as moot.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd Acting for the Court Panel consists of Justices Lloyd, Kelly, and Hightower.

Date: ___April 2, 2019____