Ex Parte Michael Lowry v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Ex parte Michael Lowry Appellate case number: 01-20-00858-CR & 01-20-00859-CR Trial court case number: 1623191 & 1685846 Trial court: 230th District Court of Harris County On December 8, 2020, appellant, through counsel, filed a notice of appeal from the trial court’s order, signed on November 20, 2020, denying his pretrial habeas application.

On December 29, 2020, the clerk’s record was filed in this Court. On January 7, 2021, the court reporter filed a record of the writ hearing. Appellant is challenging Section 43.262 of the Texas Penal Code as facially unconstitutional. See TEX. PEN. CODE § 43.262. After a review of the records, the Court determines that it desires briefing. See TEX. R. APP. P. 31.1.

Accordingly, appellant’s brief is ORDERED to be filed no later than 20 days from the date of this order. See TEX. R. APP. P. 2, 31.1. The State’s brief, if any, is ORDERED to be filed no later than 20 days from the filing of the appellant’s brief.

It is so ORDERED.

Judge’s signature: ____/s/ Sherry Radack_______  Acting individually Acting for the Court Date: ___January 21, 2021___