Moon, Cameron ( 2014 )

PD-1215-13
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
December 30, 2014 Transmitted 12/30/2014 10:14:20 AM
Accepted 12/30/2014 11:16:21 AM
ABEL ACOSTA
NO. PD-1215-13 CLERK
IN THE CRIMINAL COURT OF APPEALS
AUSTIN, TEXAS
NO. 01-10-00341-CR
IN THE FIRST COURT OF APPEALS
HOUSTON, TEXAS
IN THE 178th DISTRICT COURT
HOUSTON, TEXAS
THE STATE OF TEXAS
Petitioner
v.
CAMERON MOON
Respondent
MOTION TO ISSUE THE MANDATE INSTANTER
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
Pursuant to Rule 18.1(c) of the Texas Rules of Appellate Procedure,
Respondent Cameron Moon files this motion to issue the mandate instanter.
I.
On July 31, 2013, the First Court of Appeals vacated Respondent’s
conviction and vacated the criminal case against him based on Respondent’s claim
that the juvenile court abused its discretion in transferring jurisdiction of
Respondent’s case to the adult criminal court of Harris County, Texas. This Court
affirmed the Court of Appeals’ decision in a 6-3 opinion on December 10, 2014.
The State’s motion for rehearing was due on December 26, 2014. TRCP 79.1. As
no motion was filed as of December 29, 2014, Respondent respectfully prays that
this Court issue the mandate in this matter instanter.
TRAP 18.1(c) provides that the mandate “may be issued [immediately]
…for good cause on the motion of a party.” Here, Respondent has been in custody
since July 2008, for six and one half years after challenging the transfer hearing via
petition for writ of mandamus in 2009, before trial, citing insufficiency of the
evidence and an abuse of discretion by the juvenile court. The petition was denied
pursuant to Code of Criminal Procedure 44.47 which prohibits an interlocutory
appeal of a juvenile transfer. This Court has now found Respondent had good
cause to challenge the juvenile court’s abuse of discretion via its well-reasoned,
forty-one page opinion issued on December 10, 2014.
PRAYER
For these reasons, Respondent, Cameron Moon, prays that this Court grant
this motion and issue the mandate in this matter instanter.
Respectfully submitted,
/s/ Christene Wood_______
David Adler
State Bar No. 00923150
Attorney at Law
6750 West Loop South, Suite 120
Bellaire, Texas 77401
713-666-7576
Email: davidadler1@hotmail.com
Pro Bono
2
Of Counsel
JACK G. CARNEGIE
State Bar No. 03826100
Strasburger & Price, LLP
909 Fannin Street, Suite 2300
Houston, Texas 77010-1036
Telephone: (713) 951-5600
Facsimile: (713) 951-5660
Email: jack.carnegie@strasburger.com
Pro Bono
John L. Hagan
State Bar No. 08684200
Jackson, Gilmore & Dobbs
3900 Essex, Suite 700
Houston, Texas 77027
Telephone: (713) 355-5028
Facsimile: (713) 355-5001
Email: JHagan@jgdpc.com
Pro Bono
Christene Wood
Thompson Coe Cousins & Irons
State Bar No. 24042188
One Riverway, Suite 1400
Houston, Texas 77056
Telephone: (713) 403-8382
Facsimile: (713) 403-8299
Email: cwood@thompsoncoe.com
Pro Bono
3
CERTIFICATE OF COMPLIANCE
The undersigned attorney certifies that this computer-generated document
has a word count of 263 words, based upon the representation provided by the
word processing program that was used to create the document.
Certified to this the 30th day of December 2014.
/s/ Christene Wood
D. Christene Wood
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served on counsel for the State of Texas by electronic filing or certified mail,
return receipt requested, on this 30th day of December 2014.
Dan McCrory
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
Michelle Oncken
Mary McFaden
Lauren Byrne
Assistant District Attorneys
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
/s/ Christene Wood
Christene Wood
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