in Re the State of Texas Ex Rel. Abelino Reyna, Relator v. Court of Appeals for the Tenth District

THE OFFICE OF THE CRIMINAL DISTRICT ATTORNEY McLENNAN COUNTY, TEXAS 219 North 6th Street, Suite 200 Waco, Texas 76701 Phone - (254) 757-5084 Fax - (254) 757-5021 Sterling Harmon Abelino "Abel" Reyna Assistant Criminal District Attorney Criminal District Attorney August 11,2015 Texas Court of Criminal Appeals Attention: Mr. Abel Acosta, Clerk P.O.Box 12308 Austin, Texas 78711 ^TH RE: IN RE STATE EX REL MATT JOHNSON V. COURT OF APPEALS, 10'" DISTRICT Dear Mr. Acosta: Enclosed please find the DVD-R disk containing State's Appendix 5, along with a copy of the State's Motion for Hand Filing. Sincerely Enclosure Xc: 10th Court of Appeals Hon. Matt Johnson RECEIVED IN Clint Broder, Attorney for Matthew Alan Clendennen COURT OF CRIMINAL APPEALS AUG 13 2015 Abe!Acosta,Clerk No. In THE Texas Court of Criminal Appeals Sitting at Austin, Texas In re State of Texas ex rel. Matt Johnson, Relator v. Court of Appeals for the Tenth District, Respondent A Petition for Writ of Mandamus Cause No. 10-15-00235-CR From the 10th Court of Appeals District Waco, Texas Cause No. 2015-1955-2 From the 54th Judicial District Court of McLennan County, Texas State's Motion to File Appendix 5 by Hand Pursuant to Rule 9.2 Relator, State of Texas, hereby moves this Court to file Appendix 5 to his Petition for Writ of Mandamus enclosed here with by hand filing through certified mail return receipt requested. Good cause exsists because it is a DVD containing multiple video files which are not in the required format for electronic filing, making it difficult if not impossible to electronically file. Respectfully Submitted, /s/ABELINO /ABEL/ REYNA ABELINO "ABEL" REYNA Criminal District Attorney McLennan County, Texas State Bar No. 2400087 219 North 6th Street, Suite 200 Waco, Texas 76701 [Tel.] (254) 757-5084 [Fax] (254) 757-5021 [Email] abel.reyna@co.mclennan.tx.us Certificate of Service I certify that I caused to be served a true and correct copy of this motion by electronic service or email or hand delivery on: Respondent, 10th Court of Appeals Waco, Texas by hand delivery per request of Chief Justice Tom Gray Attorney, F. Clint Broden, for Real Party in Interest, Matthew Clendennen at clint@texascrimlaw.com Real Party in Interest, Judge Matt Johnson, 54th District Court, McLennan County Texas at matt.johnson@co.mclennan.tx.us DATE: 8/11/15 /S/ ABELINO 'ABEL' REYNA ABELINO 'ABEL' REYNA