ACCEPTED
07-14-00038-CR
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
4/2/2015 3:03:49 PM
Vivian Long, Clerk
No. 07-14-00038-CR
IN THE SEVENTH COURT OF APPEALS FILED IN
7th COURT OF APPEALS
AMARILLO, TEXAS
AMARILLO 4/2/2015 3:03:49 PM
VIVIAN LONG
CLERK
PRISCILLA SANDERS, Appellant
v.
THE STATE OF TEXAS, Appellee
Appeal from Swisher County
* * * * *
STATE PROSECUTING ATTORNEY’S
MOTION FOR REHEARING
* * * * *
LISA C. McMINN
State Prosecuting Attorney
Bar I.D. No. 13803300
JOHN R. MESSINGER
Assistant State Prosecuting Attorney
Bar I.D. No. 24053705
P.O. Box 13046
Austin, Texas 78711
512/463-1660 (Telephone)
512/463-5724 (Fax)
information@spa.texas.gov
No. 07-14-00038-CR
IN THE SEVENTH COURT OF APPEALS
AMARILLO
PRISCILLA SANDERS, Appellant
v.
THE STATE OF TEXAS, Appellee
* * * * *
STATE PROSECUTING ATTORNEY’S
MOTION FOR REHEARING
* * * * *
TO THE HONORABLE SEVENTH COURT OF APPEALS:
Comes now the State of Texas, by and through its State Prosecuting Attorney,
and respectfully submits to the Court its Motion for Rehearing in the above entitled
cause.
POINT ON REHEARING
The “Magistrate’s Order of Protection” signed by appellant contains
information appellant knew to be false.
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ARGUMENT AND AUTHORITIES
This Court acquitted appellant of tampering with a governmental record
because “there is no evidence in this record reflecting that appellant knowingly made
a governmental record that she knew to contain false information.” Slip op. at 6. The
Court’s analysis focused on the information that was (or was not) hand-written into
the order—the date, the child’s residence, and the defendant’s name—but this is not
“the sum and total of the information contained within the order.” Slip op. at 6.
None of these entries were made on a blank piece of paper. The first finding
made in the order was “that all necessary prerequisites of the law have been legally
satisfied and that this Court has jurisdiction over the parties and subject matter of this
cause.” State’s Ex. 1. This was patently false. Emergency protective orders are
issued during a defendant’s appearance before a magistrate after arrest for enumerated
offenses and under certain conditions. TEX. CODE CRIM. PROC. art. 17.292(a), (b).
Appellant knew none of that happened, yet signed an order finding that it did.1 That
1
See, e.g., 3 RR 84 (“I did not complete it because so far there had not been an act of violence
done yet.”), and the following exchange:
Q. Now, when you put your name on an Emergency Magistrate’s Order, you are not to do so unless
there has been an arrest for an offense involving family violence or an offense under 22.01, 22.021
or 42.072 of the Penal Code, correct?
A. Correct.
Q. You put your signature on an order, State’s Exhibit 1, that you now hold in your hand, prior to
an arrest, correct?
A. Correct.
(3 RR 94-95).
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was a falsity sufficient to support her conviction.
PRAYER
WHEREFORE, the State prays that its Motion for Rehearing be granted, the
original opinion be withdrawn, and appellant’s conviction be affirmed after
consideration of the remaining issues.
Respectfully submitted,
LISA C. McMINN
State Prosecuting Attorney
Bar I.D. No. 13803300
/s/ John R. Messinger
JOHN R. MESSINGER
Assistant State Prosecuting Attorney
Bar I.D. No. 24053705
P.O. Box 13046
Austin, Texas 78711
512/463-1660 (Telephone)
512/463-5724 (Fax)
information@spa.texas.gov
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CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. P. 9.4(i)(2)(D) & (3), this document contains 589
words according to WordPerfect X5’s “word count” tool.
CERTIFICATE OF SERVICE
The State Prosecuting Attorney’s Motion for Rehearing has been eFiled with
the Court on the 2nd day of April, 2015, and served on each of the following:
Tina Davis Rincones
Swisher County Attorney Pro Tem
109 E 6th Street
Plainview, Texas 79072
trincones@redraiderlaw.com
Aaron R. Clements
Hurley & Guinn
1805 13th Street
Lubbock, Texas 79401
aaronrc@swbell.net
/s/ John R. Messinger
JOHN R. MESSINGER
Assistant State Prosecuting Attorney
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