Leandre Vonzell Hill v. State

ACCEPTED
13-15-00152-CR
THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
11/24/2015 11:01:42 AM
Dorian E. Ramirez
CLERK

NO. 13-15-00152-CR

IN THE COURT OF APPEALS FOR THE FILED IN
13th COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI/EDINBURG, TEXAS
CORPUS CHRISTI, TEXAS11/24/2015 11:01:42 AM
______________________________
DORIAN E. RAMIREZ
Clerk
LEANDRE HILL,
Appellant

THE STATE OF TEXAS,
Appellee
______________________________

ON APPEAL FROM THE 379th JUDICIAL DISTRICT COURT
OF BEXAR COUNTY, TEXAS
CAUSE NUMBER 2012-CR-9686
______________________________

AMENDED BRIEF FOR THE STATE
______________________________

NICHOLAS “NICO” LaHOOD
Criminal District Attorney
Bexar County, Texas

ANDREW N. WARTHEN
Assistant Criminal District Attorney
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva Street
San Antonio, Texas 78205
Phone: (210) 335-2414
Email: awarthen@bexar.org
State Bar No. 24079547
Attorneys for the State of Texas

ORAL ARGUMENT WAIVED

1
IDENTITY OF PARTIES AND COUNSEL
Pursuant to TEX. R. APP. P. 38.2(a), the appellee supplements the appellant’s list of
parties as follows:

APPELLATE STATE’S Andrew N. Warthen
ATTORNEY State Bar No. 24079547
Assistant Criminal District Attorney
Paul Elizondo Tower
101 W. Nueva Street
San Antonio, Texas 78205
(210) 335-2414
awarthen@bexar.org

2
TABLE OF CONTENTS

Page
IDENTITIES OF PARTIES AND COUNSEL 2

INDEX OF AUTHORITIES 4

STATEMENT OF THE CASE 5

ISSUES PRESENTED 5

APPELLANT’S SOLE ISSUE
The judgment should be corrected to give Hill credit on his sentence for all of the
time that he remained in custody until he was sentenced.

STATE’S RESPONSE
This appeal is moot because the trial court has entered an order which grants
the relief that appellant requests. The State concurred with the trial court’s
decision. Therefore, there is no controversy for this court to review.

STATEMENT OF FACTS 5

SUMMARY OF THE ARGUMENT 6

ARGUMENT 7

PRAYER FOR RELIEF 7

CERTIFICATE OF COMPLIANCE AND SERVICE 8

3
INDEX OF AUTHORITIES

None.

4
BRIEF FOR THE STATE

To the Honorable Fourth Court:

Now comes, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar

County, Texas, and files this brief for the State.

STATEMENT OF THE CASE

The State accepts appellant’s Statement of the Case.

ISSUES PRESENTED

APPELLANT’S SOLE ISSUE
The judgment should be corrected to give Hill credit on his sentence for all of the
time that he remained in custody until he was sentenced.

STATEMENT OF FACTS

The State accepts the factual assertions contained in appellant’s brief. See

TEX. R. APP. P. 38.2(a)(1)(B). The State will supply supplemental pertinent facts

supported with record references within its response to appellant’s points of error.

5
SUMMARY OF THE ARGUMENT

This issue has been resolved by the trial court following an agreement of the

parties. Therefore, there is nothing for this court to review and this appeal should

be dismissed.

ARGUMENT

After undersigned counsel for the State spoke with appellant’s appellate

counsel about the issue on appeal, appellant’s counsel and the State’s agreed that

appellant would file a motion for a judgment nunc pro tunc with the district court

in order to receive the time credit he is seeking. On September 11, 2015,

appellant’s counsel filed a motion for such a judgment, and on the same date the

trial court signed an order to give appellant the time credit he is owed. (CR Supp.

Of November 9, 2015 at 3-6.) As the issue is now moot, appellant’s counsel has

informed the State that he has sent a motion to dismiss this appeal to appellant

through the postal service so that he can sign it and so this appeal can be dismissed.

That signed motion was submitted on November 23, 2015. But, in an abundance

of caution, the State submits this brief noting that the issue has been resolved and

is, thus, now moot. Therefore, this appeal should be dismissed because there is no

contested issue for which this court can grant relief.

6
PRAYER

WHEREFORE, PREMISES CONSIDERED, the State of Texas submits that the

judgment of the trial court should, in all things, be AFFIRMED and this appeal

DISMISSED.

Respectfully submitted,

Nicholas “Nico” LaHood
Criminal District Attorney
Bexar County, Texas

/s/Andrew N. Warthen
Andrew N. Warthen
Assistant Criminal District Attorney
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva Street
San Antonio, Texas 78205
Phone: (210) 335-2414
Email: awarthen@bexar.org
State Bar No. 24079547

Attorneys for the State

7
CERTIFICATE OF COMPLIANCE AND SERVICE

I, Andrew N. Warthen, herby certify that the total number of words in

appellee’s brief is 280. I also certify that a true and correct copy of the above and

forgoing brief was emailed to appellant Leandre Hill’s attorney, Richard B.

Dulany, at richarddulany@gmail.com, on this the 24th day of November, 2015.

/s/Andrew N. Warthen
Andrew N. Warthen
Assistant Criminal District Attorney

Attorney for the State