Moore, Aaron Jacob ( 2015 )

PD-1634-1
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINAL APPEALS
AUSTIN, TEXA
Transmitted 8/13/2015 8:55:42 Al
August 13, 2015
Accepted 8/13/2015 10:11:47 Af
ABEL ACOST,
ABELACOSTA, CLERK No. PD-1634-14
CLER
AARON JACOB MOORE IN THE
VS. § COURT OF CRIMINAL APPEALS
STATE OF TEXAS STATE OF TEXAS
STATE'S MOTION FOR LEAVE TO FILE REPLY BRIEF
TO APPELLANT'S BRIEF ON THE MERITS
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW the State of Texas by and through its District Attorney, 268th
Judicial District, Fort Bend County, and pursuant to Rule ofAppellate Procedure 70.4
moves this Court to grant leave to file a reply to Appellant's briefon the merits ofthe
State's petition for discretionary review.
This Court granted the State's petition on one issue:
Does the court of appeals's construction of "the state" in Section
54.02(j)(4)(A), Family Code require dismissal of a case with prejudice
without consideration of the factors for oppressive delay in violation of
the separation of powers doctrine?
Moore v. State, No. PD-1634-14 (Tex. Crim. App. April 22, 2015).
The State filed its brief on June 9, 2015, and Appellant filed his brief on July
27, 2015. This Court has set this case for submission on August 19, 2015.
The State believes that its reply to Appellant's brief will aid this Court in its
decision by concisely addressing flaws in Appellant's argument, such as that the office
of the district attorney is legislatively, rather than constitutionally created, and that
Williams v. State, 938 S.W.2d 456 (Tex. Crim. App. 1997), supports a finding that
Section 54.02(j)(4)(A) is contractual in nature like the Interstate Agreement for
Detainers Act.
WHEREFORE, PREMISES CONSIDERED, the State respectfully asks this
Court to grant it leave to file its reply to Appellant's briefon the merits ofthe question
granted.
Respectfully submitted,
k John F. Healey, Jr.
SBOT # 09328300
District Attorney, 268th Judicial District
Fort Bend County, Texas
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
SBOT# 11395400
Assistant District Attorney
301 Jackson Street, Room 101
Fort Bend County, Texas 77469
(281) 238-3205 / (281) 238-3340 (fax)
Gail.McConnell@fortbendcountytx.gov
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing State's motion for leave to file its
reply brief was served on August 13, 2015, by the electronic filing manager or by
email August 13, 2015, on Ms. Carmen Roe, Attorney for Appellant,
. and on Ms. Lisa McMinn, State Prosecuting Attorney,
.
Gail Kikawa McConnell
Gail Kikawa McConnell