Byrd, Thomas Leon ( 2015 )

PD-0213-1
FILED IN COtfJRT OF CRIMINAL APPEAL
COURT OF CRIMINAL APPEALS
AUSTIN, TEXA
ransmitted 7/28/2015 8:52:16 Al
July 28, 2015
(Accented 7/28/2015 9:23:28 Af
ABEL ACOST,
ABELACOSTA, CLERK No. PD-0213-15
CLER
THOMAS LEON BYRD § IN THE COURT O
§
CRIMINAL APPEA
THE STATE OF TEXAS OF TEXAS
APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF
COMES NOW Thomas Leon Byrd, Appellant in the above-styled and
numbered cause, and makes and files this Motion for Leave to File a Reply Brief in
the above cause, and in support thereof shows the Court as follows:
I.
The Court granted review in this appeal on May 20, 2015 but denied
Appellant's request for oral argument. The Appellant's brief was filed on June 19,
2015. The State's brief was filed on July 20, 2015. The case is set for submission
on August 5, 2015. Appellant requests leave to file an Appellant's reply brief
responding to a key assertion made in the State's brief.
II.
Appellant requests leave because, without being permitted to file a reply brief,
Appellant has no other avenue available to respond to the disputed assertion made
in the State's brief. As explained in the reply brief submitted contemporaneously
with this motion, Appellant contends that the State's disputed assertion is simply
incorrect.
III.
Appellant is tendering the proposed Appellant's Reply Brief to the Court
contemporaneously with this motion.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that the
Court grant leave to file the Appellant's Reply Brief and such other and further relief
to which he may show himselfjustly entitled.
Respectfully submitted,
Isi Alan Bennett
E. Alan Bennett
Counsel for Appellant
SBOT #02140700
Sheehy, Lovelace & Mayfield, P.C.
510 N. Valley Mills Dr., Ste. 500
Waco,TX 76710
Telephone: (254)772-8022
Fax: (254) 772-9297
Email: abennett@slmpc.com
Certificate of Service
The undersigned hereby certifies that a true and correct copy ofthis document
has been served by email on July 28, 2015 to: (1) counsel for the State, Sterling
Harmon, sterling.harmon@co.mclennan.tx.us; and (2) the State Prosecuting
Attorney, Lisa McMinn, Lisa.McMinn@SPA.texas.gov.
Isi Alan Bennett
E. Alan Bennett