PD-1340-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/17/2015 10:43:43 AM
Accepted 4/17/2015 11:08:35 AM
April 20, 2015 ABEL ACOSTA
No. PD-1340-14 CLERK
In the
Court of Criminal Appeals
♦
No. 14-13-00375-CR
In the Court of Appeals for the Fourteenth District of Texas at Houston
♦
No. 1253665
th
In the 174 District Court of Harris County, Texas
♦
KEVIN LAVELLE KENT
Appellant
V.
THE STATE OF TEXAS
Appellee
♦
STATE’S MOTION REGARDING ARGUMENT
♦
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for a
setting of oral argument in this case not on any date from June 1 through June 11,
2015, and would show the following:
1. The appellant was convicted of aggregate theft of money from two families
over a five-year period (CR – 13, 615). The court of appeals reversed the
conviction, and this Court granted review.
2. This Court has not yet set this case for submission, although it did permit
argument when it granted review.
3. The undersigned counsel has had a family vacation planned from June 1
through June 11, 2015 since early in 2014. The plan is to drive from Phoenix,
Arizona to San Francisco, California, while staying in national parks along the
way, including Grand Canyon, Death Valley, and Yosemite. As anyone who
has stayed in those parks can attest, reservations for families usually fill up
within hours of becoming available one year in advance. Furthermore, the
undersigned counsel has made many non-refundable expenditures in an effort to
secure favorable rates during the trip.
4. Therefore, the undersigned counsel requests that this Court not set the oral
argument in this case on any date from June 1 through June 11, 2015. The
undersigned counsel has called counsel for the appellant, and counsel has stated
that he does not oppose such a restriction.
WHEREFORE, the State prays that this Court will grant the request.
Respectfully submitted,
/S/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
Kugler_Eric@dao.hctx.net
(713) 755-5826
TBC No. 796910
CERTIFICATE OF SERVICE
This certifies that a copy of the foregoing instrument will be served through
TexFile to:
James Pons Lisa McMinn
Attorney at Law State Prosecuting Attorney
10900 N.W. Freeway, Suite 230 P.O. Box 13046
Houston, Texas 77092 Austin, Texas 78711
Jpons_78221@yahoo.com Lisa.McMinn@SPA.texas.gov
/S/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
TBC No. 796910
Date: April 17, 2015