Peter Mark Lee v. State ( 2018 )

Fourth Court of Appeals San Antonio, Texas March 7, 2018 No. 04-16-00368-CR Peter Mark LEE, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 493014 Honorable Genie Wright, Judge Presiding ORDER Sitting: Sandee Marion Marion, Chief Justice Rebeca C. Martinez, Justice Irene Rios, Justice A jury found Peter Lee guilty of the offense of misdemeanor assault with bodily injury, and the trial court assessed punishment at one year in jail, suspended in favor of two years community supervision. We affirmed the county court’s judgment on August 2, 2017. See Lee v. State, No. 04-16-00368-CR, WL 3270415 (Tex. App.—San Antonio Aug. 2, 2017 pet. ref’d) (not designated for publication). Thereafter, Lee filed a petition for discretionary review with the Texas Court of Criminal Appeals. That court refused his petition on February 7, 2018. Lee has now filed with this court an unopposed motion asking that we stay issuance of our mandate, pursuant to Rule 18.2 of the Rules of Appellate Procedure. TEX. R. APP. P. 18.2 (providing for stay of issuance of mandate pending United States Supreme Court disposition of petition for writ of certiorari). In his motion, Lee asserts he will suffer “serious hardship” and “substantial harm” if we issue our mandate and the United States Supreme Court grants him relief. We GRANT Lee’s motion and will stay issuance of our mandate until further notice. We also further ORDER Lee to file with this court a written status report on or before June 5, 2018, regarding the status of his petition for writ of certiorari in the United States Supreme Court. If Lee fails to file a status report by that date, we will issue our mandate without further notice. _________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of March, 2018. ___________________________________ Keith E. Hottle Clerk of Court