PD-1634-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 22, 2015 Transmitted 5/21/2015 4:15:26 PM
Accepted 5/22/2015 11:14:34 AM
ABEL ACOSTA
NO. PD-1634-14 CLERK
AARON JACOB MOORE § IN THE
VS. § COURT OF CRIMINAL APPEALS
THE STATE OF TEXAS § STATE OF TEXAS
STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
BRIEF ON THE MERITS
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
The State, by and through its Fort Bend County District Attorney, asks the
Court to grant an extension of time to submit its brief on the merits in the above-
referenced cause. Pursuant to Texas Rule of Appellate Procedure 10.5(b), the State
provides the following information:
Current Deadline: May 22, 2015
Length of Extension Sought: 60 days to July 21, 2015
Number of Previous Extensions: None
Facts reasonably explaining the need for an extension:
In the last thirty days, the undersigned has filed the State’s appellate brief in
McGuire v. State, 01-14-00241-CR (FSRA), and has been working on the State’s
appellate brief due on June 2, 2015, on a final extended deadline in McGuire v. State,
01-14-00240-CR, a felony murder case in which the underlying felony is a third DWI,
1
and in which the evidence includes a test result from a warrantless blood draw made
under Section 724.012, Texas Transportation Code. The constitutionality of this
statute was addressed in State v. Villarreal, No. PD-0306-14, 2014 WL 6734178
(Tex. Crim. App. Nov. 26, 2014). Rehearing was granted on February 25, 2015. The
undersigned has had to review the plethora of cases decided after McNeely, review
the PDR’s filed and briefs on the merits pending with this Court, and gather
legislative history to summarize the existing decisions and arguments and hopefully
contribute new arguments and authorities. Further, contrary to law, the trial court
required redactions from the in-car video recordings of Appellant’s statements and
failed to instruct the jury to return a verdict on each count of the indictment. The
undersigned had to obtain a transcription of the video recording and must still write
these anticipated cross-points of error.
The undersigned also took a pre-planned vacation from May 1-11, 2015, and
has had long-standing, pre-paid plans to attend a graduation and family visits from
June 11-19, 2015. The undersigned will also be attending the Criminal Appellate
Seminar in Austin May 27-29, 2015. A 60-day extension will allow a little more than
four weeks to write the brief on the merits in this case and, barring unforeseen
circumstances, no further extension will be requested. The undersigned has contacted
Appellant’s attorney, Ms. Carmen Roe, and Appellant will not oppose this motion for
2
extension of time.
The undersigned is one of three appellate attorneys, who also assist fifty other
trial and administrative attorneys with trial issues and office policy. The State asks
for an extension of time not for the purpose of delay, but to see that justice is done.
Respectfully submitted,
John F. Healey, Jr.
SBOT # 09328300
District Attorney, 268th Judicial District
Fort Bend County, Texas
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
SBOT # 11395400
Assistant District Attorney
301 Jackson Street, Room 101
Fort Bend County, Texas 77469
(281) 238-3205 / (281) 238-3340 (fax)
Gail.McConnell@fortbendcountytx.gov
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing State's motion for extension of time
was served on May 22, 2015, through the electronic filing manager or by email on
Ms. Carmen Roe, Attorney for Appellant, ; Ms. Lisa
McMinn, State Prosecuting Attorney, .
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
3
Moore, Aaron Jacob
Combined Opinion