FILED IN PD-0474-14
COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
January 8, 2015
Transmitted 1/8/2015 12:36:45 PM
Accepted 1/8/2015 12:48:11 PM
ABELACOSTA, CLERK ABEL ACOSTA
CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
LAWRENCE DONOVAN, \A^
APPELLANT/PETITIONER,
V. No. PD-0474-14
THE STATE OF TEXAS,
APPELLEE/RESPONDENT.
APPELLANT/PETITIONER'S MOTION FOR LEAVE TO FILE A
RESPONSE TO STATE'S REPLY BRIEF ON THE MERITS
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Lawrence Donovan, Appellant/Petitioner, files this Motion requesting
permission to file the Appellant/Petitioner's Response to State's Reply Brief on the
Merits ("Response") received by the Court on December 30, 2014, and attached
hereto. The tendered Response was deficient because it was submitted without a
Motion for Leave to File.
The State of Texas ("State"), Appellee/Respondent, filed its Reply Brief on
the Merits on December 17, 2014. The State does not oppose the granting of this
Motion.
The purpose of the Response is to address a misstatement of the record in
the State's Reply Brief.
APPELLANT/PETITIONER'S MOTION FOR LEAVE TO FILE A RESPONSE
TO STATE'S REPLY BRIEF ON THE MERITS Page 1
This request for leave to file the attached Response is made in the interest of
justice and not for the purpose of delay.
For these reasons, Appellant/Petitioner prays this Court grant his motion for
leave and file his Response.
Respectfully Submitted,
/s/JohnH. Cayce, Jr.
John H. Cayce, Jr.
State Bar No. 04035650
john.cayce@kellyhart.com
Kelly Hart & Hallman LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Telephone: (817)332-2500
Telecopier: (817)878-9797
CERTIFICATE OF CONFERENCE AND SERVICE
The undersigned certifies that that a true copy of this document has been e-
served this 8th day of January 2015, to the appellate division of the Tarrant County
District Attorney's Office a member of which (Charles Mallin) has no opposition
to its granting.
/s/ John H. Cayce, Jr.
John H. Cayce, Jr.
CERTIFICATE OF COMPLIANCE
The undersigned certifies that this document contains 132 words.
/s/ John H. Cayce, Jr.
John H. Cayce, Jr.
APPELLANT/PETITIONER'S MOTION FOR LEAVE TO FILE A RESPONSE
TO STATE'S REPLY BRIEF ON THE MERITS Page 2
IN THE TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
LAWRENCE DONOVAN
APPELLANT
No. PD-0474-14
THE STATE OF TEXAS
APPELLE
APPELLANT/PETITONER'S RESPONSE TO STATE'S REPLY BRIEF ON THE
MERITS
TO THE COURT OF CRIMINAL APPEALS:
The State strays far from the record on appeal in footnote 2 of its reply brief. No
reference to the record is made by the State with respect to its claim that there is a second
petition for expunction pending in another court involving the same charges, nor is there a
reference to the record provided with respect to the State's claim that it find a general denial to
that petition. The reason the State does not favor the court with record references with respect to
those allegations is that those claims are outside the record.
Respectfully Submitted,
'[AAA.-*/. (YtihfaA,/' '/
DAVID L. RICHARDS
State Bar No. 16845500
3001 West 5th Street, Suite 800
Fort Worth, Texas 76107
Phone:(817)332-5567
Fax:(817)885-7688
daverichards@sbcglobal.net
CERTIFICATE OF SERVICE
The undersigned, David Richards, certifies that that a true copy of this document has been
e-served this 30th day of December 2014, appellate division of the Tarrant County District
Attorney's Office.
DAVID L. RIC
CERTIFICATE OF COMPLIANCE
The undersigned, David Richards, certifies that this document contains 214 words.
DAVID L. RICHARDS