Hector Martinez v. State ( 2015 )

ACCEPTED 08-13-00363-CR 08-13-00363-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 4/29/2015 2:59:31 PM DENISE PACHECO CLERK No. 08-13-00363-CR IN THE FILED IN 8th COURT OF APPEALS COURT OF APPEALS EL PASO, TEXAS EIGHTH DISTRICT OF TEXAS 4/29/2015 2:59:31 PM DENISE PACHECO Clerk HECTOR MARTINEZ APPELLANT V. THE STATE OF TEXAS APPELLEE STATE’S MOTION TO SUBSTITUTE CORRECTED BRIEF TO THE COURT OF APPEALS, EIGHTH DISTRICT OF TEXAS: COMES NOW, the State of Texas, and requests that the Court, pursuant to TEX. R. APP. P. 38.7, allow the State to substitute its previously filed brief with a typographically corrected brief, and would show the Court as follows: I. The State has timely filed its reply brief in the above-captioned case with the Court on April 28, 2015. This case has not yet been set for argument. After the brief was filed, the State discovered typographical errors in the page numbers listed on pages ii and iii of the Table of Contents. The page numbers do not properly reflect the contents of the brief. This mistake was not discovered until after the brief had been filed with the Clerk of the Court. A corrected brief has been prepared to substitute the brief now on file with the Court. This corrected brief is identical to the brief filed on April 28 with the one exception that the page numbers on pages ii and iii of the Table of Contents have been corrected to properly reflect the contents of the brief. II. The State is tendering its corrected brief with this motion, and the undersigned has sincerely tried to submit its corrected brief, free of typographical errors, as soon as possible after discovering the need for corrections. 2 PRAYER WHEREFORE, the State prays that this motion to substitute corrected brief will be granted. Respectfully submitted, JAIME ESPARZA DISTRICT ATTORNEY 34th JUDICIAL DISTRICT /s/ Bryant Cabrera BRYANT FRANCIS CABRERA Asst. District Attorney District Attorney=s Office 203 El Paso County Courthouse 500 E. San Antonio El Paso, Texas 79901 (915) 546-2059 ext. 3649 FAX (915) 533-5520 EMAIL bcabrera@epcounty.com SBN 24092210 ATTORNEYS FOR THE STATE CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing State=s motion to substitute corrected brief was emailed, through an electronic-filing service provider, on April 29, 2015, to appellant=s attorney: Ruben P. Morales, rbnpmrls@gmail.com. /s/ Bryant Cabrera BRYANT FRANCIS CABRERA 3