ACCEPTED
01-14-01008
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/3/2015 10:07:19 AM
CHRISTOPHER PRINE
CLERK
01-14-01008-CR
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS AT HOUSTON,HOUSTON,
TEXAS TEXAS
2/3/2015 10:07:19 AM
CHRISTOPHER A. PRINE
IBRAHIM MUSTAFA ALTOBJI Clerk
v
STATE OF TEXAS, APPELLEE
APPEALED FROM THE 182ND JUDICIAL DISTRICT COURT
HARRIS COUNTY, TEXAS
EX PARTE IBRAHIM MUSTAFA ALTOBJI
MOTION FOR BRIEFING
___/s/__Gene P. Tausk_______
Gene P. Tausk
TBN: 24003035
1221 Studewood
Houston, TX 77008
(713) 429-5476
(713) 490-3150 (fax)
gene@tauskvega.com
ATTORNEY FOR
APPELLANT,
IBRAHIM ALTOBJI
MOTION FOR BRIEFING
TO THE HONORABLE JUDGES OF THIS COURT:
Movant, Ibrahim Mustafa Altobji moves this Honorable Court to allow briefs
to be submitted in the above styled-and-numbered cause of action.
I.
This matter is a case which was appealed from the 182nd Judicial District
Court, the Honorable Jeannine Barr presiding. The trial court case number was:
1188377B. The Honorable Judge Barr denied Movant’s Writ for Habeas Corpus
and Motion to Set Aside Plea Agreement.
II.
This matter was timely filed to this Honorable Court on or about December 4,
2014. On or about January 5, 2015, this Honorable Court decided that this matter
may be heard without briefs (set for submission only). On or about January 14,
2015, this Honorable Court decided that this matter was to be decided by submission
on the record only without the necessity of filing briefs.
III.
With respect to this Honorable Court, Movant respectfully asks that he be
allowed to file a brief in this matter. It is believed that a brief will allow this
Honorable Court to better explore the issues at hand before a decision is rendered.
IV.
It goes without saying, of course, that this Honorable Court is free to
deliberate and decide this matter without the necessity of additional briefing from
either Movant or the State. However, Movant states that an Appellant brief will be
of assistance in enabling this Honorable Court to make an informed decision.
V.
Appellant requests that this Honorable Court allow a brief for the following
reasons:
1. The Honorable Jeannine Barr decided this matter through affidavits, not
through any type of oral testimony. This restricted the testimony that could
have been offered during a hearing. Appellant would like the opportunity
to correct this by providing a brief.
2. The issues presented are somewhat unique in that Movant, although asking
for what appears to be a Padilla Writ, is actually arguing that Movant was
not informed that he was accepting a plea for a Crime Involving Moral
Turpitude. Movant would like the opportunity to further brief this issue
before this Honorable Court.
VI.
For these reasons, therefore, Movant respectfully asks this Honorable Court
to allow him to brief this matter.
Respectfully submitted:
TAUSK & VEGA
____//s//_____________________
Gene P. Tausk
TBN: 24003035
1221 Studewood
Houston, TX 77008
(713) 429-5476
(713) 490-3150 (fax)
gene@tauskvega.com
ATTORNEY FOR APPELLANT,
IBRAHIM ALTOBJI
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was served upon the
Harris County District Attorneys’ Office by CMRRR on February 3, 2015.
/s/ Gene P. Tausk_______
Gene P. Tausk
CERTIFICATE OF COMPLIANCE
I, the undersigned, state that this document contains approximately 504 words.
/s/ Gene Tausk___________