Ex Parte Kerry G. Jones

Opinion

ACCEPTED 14-14-00489-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/17/2015 2:52:26 PM CHRISTOPHER PRINE CLERK

IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS FILED IN 14th COURT OF APPEALS _________________________________________________________ HOUSTON, TEXAS 9/17/2015 2:52:26 PM NO. 14-14-00489-CR CHRISTOPHER A. PRINE Clerk ________________________________________________________

EX PARTE:

KERRY G. JONES ___________________________________________________________

On Appeal from Cause Number 1283329-A TH 230 Judicial District Court of Harris County, Texas ___________________________________________________________

APPELLANT’S MOTION FOR REHEARING

To The Honorable Court:

Comes now, Kerry G. Jones, Appellant and files this motion for rehearing of

the Opinion rendered by the Fourteenth Court of Appeals of Texas pursuant to

T.R.A.P. 49.1, in which he relies on the following points:

Point for Review No. 3

With regard to his third point for review, Appellant respectfully submits that

this Court erred in assuming that child pornography would be found on a computer

Appellant owned when the only evidence set out in the search warrant affidavit was

was that Appellant made four one month subscription purchases to websites

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roughly 24 months before the search warrant of Appellant’s residence took place.

There is also no evidence in the record that a download from these websites took

place or that photos were retrieved from the identified websites. Appellant believes

this Court’s ruling stand for the proposition that a search warrant affidavit showing

that a person who has subscribed to a child pornography website over a protracted

period of time automatically establishes probable cause to conduct a search of that

person’s home and personal computers indefinitely thereafter. This analysis conflicts

with Fourth Amendment principles in general, and in particular the Amarillo Court

of Appeals in Taylor v. State, 54 S.W.3d 21 (Tex.App.–Amarillo 2011, no pet.).

PRAYER

Wherefore, premises considered, this Court should grant Appellant’s motion

for rehearing in this cause.

Respectfully submitted,

/s/ James D. Lucas James D. Lucas 2316 Montana Avenue El Paso, Texas 79902 Tel: (915)352-8811 Fax: (915) 532-8807 SBN 12658300 jlucas2@elp.rr.com

Page -2- CERTIFICATE OF SERVICE

I certify that a true copy of this Motion for Rehearing was served in accordance with

rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel

as follows:

Party: Devon Anderson District Attorney Appellate Counsel 1201 Franklin, Suite 600 Houston, Texas 77002

Method of service: Electronic means.

Date of service: September 17, 2015

/s/ James D. Lucas James D. Lucas, Attorney for Appellant

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