Ford, Jon Thomas

• Court: Texas Supreme Court
• Decided: April 23, 2015
• Docket: PD-1396-14
• Status: Published

Opinion

PD1396-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS April 23, 2015 Transmitted 4/22/2015 4:53:14 PM Accepted 4/23/2015 7:41:22 AM ABEL ACOSTA Cause No. PD-1396-14 CLERK

IN THE TEXAS COURT OF CRIMINAL APPEALS

JON THOMAS FORD, § FROM THE FOURTH COURT OF Petitioner, § APPEALS, SAN ANTONIO, TEXAS § No. 04-12-00317-CR vs. § § [On Appeal from Cause No. THE STATE OF TEXAS, § 2010-CR-7741 in the 186th Dist. Court, Respondent. § Bexar County, San Antonio, Texas]

PETITIONER’S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF ON PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES Petitioner, JON THOMAS FORD, by and through his

undersigned counsel and pursuant to Rule 38.7 of the Texas Rules of Appellate

Procedure files this unopposed motion for leave to file his Amended Brief on

Petition for Discretionary Review, attached here, to withdraw Ground three from

the original brief filed. In support of same, the Petitioner will show as follows:

1. Undersigned counsel has conferred with Assistant District Attorney Jay

Brandon and he does not oppose this motion.

2. Undersigned counsel neglected to carefully read the postcard granting

grounds on Petition for Discretionary Review and believed that the Court granted Grounds one, two and three, based on her oversight and quick

cursory reading of the postcard.

3. After reading the State’s brief that Ground three was not granted,

undersigned counsel re-read the postcard granting Petition for Discretionary

Review and acknowledges that the postcard granted Grounds one and two

only.

4. Therefore, undersigned counsel apologizes to this Court and to Assistant

District Attorney Jay Brandon for any inconvenience this may have caused.

5. Undersigned counsel requests leave to file an amended brief withdrawing

Ground three and it’s briefing, consisting of two and one-half pages and a

one paragraph summary of the argument.

6. The amended brief, removing only those matters, is attached to this motion

for leave for filing and for the convenience of the Court.

WHEREFORE PREMISES CONSIDERED, Petitioner respectfully prays

that this Honorable Court grant this unopposed motion and file his Amended Brief

on Petition for Discretionary Review.

Respectfully Submitted:

____/s/Cynthia E. Orr_____________ Cynthia E. Orr Bar No. 15313350

GOLDSTEIN, GOLDSTEIN & HILLEY

310 S. St. Mary’s St. 29th Floor Tower Life Bldg. San Antonio, Texas 78205 210-226-1463 210-226-8367 facsimile whitecollarlaw@gmail.com

Attorney for Petitioner, JON THOMAS FORD

CERTIFICATE OF CONFERENCE

This is to certify that undersigned counsel has conferred with Assistant District Attorney Jay Brandon and he does not oppose this motion.

____/s/Cynthia E. Orr_____________ Cynthia E. Orr

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the above Unopposed Motion has been sent via E-file.Texas.gov, as registered participants, on this the 22nd day of April, 2015 to the following:

Nicolas LaHood District Attorney Jay Brandon Assistant District Attorney Paul Elizondo Tower 101 West Nueva, Fourth Floor San Antonio, Texas 78205 E-mail: jay.brandon@bexar.org,