Fernandez, James

• Court: Texas Supreme Court
• Decided: July 10, 2015
• Docket: PD-0123-15
• Status: Published

Opinion

PD-0123-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/9/2015 4:46:15 PM July 10, 2015 Accepted 7/10/2015 8:54:53 AM ABEL ACOSTA No. PD-0123-15 CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

JAMES FERNANDEZ, Appellant

v.

THE STATE OF TEXAS, Appellee

Appeal from Val Verde County

* * * * *

STATE PROSECUTING ATTORNEY’S

NOTICE OF APPEARANCE

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. PD-0123-15

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State Prosecuting Attorney respectfully submits its Notice of Appearance

in the above entitled and numbered cause, pursuant to Texas Rules of Appellate

Procedure 6.1 and 6.2. “The state prosecuting attorney may . . . represent the state in

any stage of a criminal case before a state court of appeals if [s]he considers it

necessary for the interest of the state.” TEX. GOV’T CODE § 42.001(a). Though her

authority to appear in this Court is not dependent on a request from a district or

county attorney, Aguirre v. State, 22 S.W.3d 463, 465 (Tex. Crim. App. 1999), the

1 District Attorney Pro Tem, Melissa Hargis, has agreed to this representation.

PRAYER

WHEREFORE, the State prays that the State Prosecuting Attorney’s Notice of

Appearance as the attorney of record be noted on the docket.

Respectfully submitted,

LISA C. McMINN State Prosecuting Attorney Bar I.D. No. 13803300

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney

P.O. Box 13046 Austin, Texas 78711 John.Messinger@SPA.Texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax)

2 CERTIFICATE OF SERVICE

The State Prosecuting Attorney’s Notice of Appearance has been eFiled with the Court on the 9th day of July, 2015, and served electronically on each of the following:

Melissa Hargis Assistant Attorney General District Attorney Pro Tem Office of the Attorney General Austin, TX 78711 melissa.hargis@texasattorneygeneral.gov

James Gerard McDermott, II 8140 N. Mopac Westpark 4, Suite 250 Austin, TX 78759 james@centraltexaslawyers.com

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney