in Re: El Paso County Public Defender

Opinion

ACCEPTED

08-19-00296-CR

08-19-00296-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 3/13/2021 10:54 AM

ELIZABETH G. FLORES

CLERK

No. 08-19-00296-CR

IN THE COURT OF APPEALS

FILED IN -

8th COURT OF--APPEALS ----

EIGHTH DISTRICT OF TEXAS EL PASO, - -

--- TEXAS

- - ---- RG ------

3/13/2021

- I10:54:48 - D -- AM

_____________________________________________________________

---- VO ------ ELIZABETH -- G. FLORES ----

IN RE EL PASO COUNTY PUBLIC DEFENDER ---- Clerk

______________________________________________________________

DEFENDANT’S MOTION TO SUPPLEMENT BRIEF FILED IN

8th COURT OF APPEALS

______________________________________________________________

EL PASO, TEXAS

3/15/2021 9:22:00 AM

TRIAL COURT CAUSE NO. 20180D05116ELIZABETH G. FLORES Clerk

IN THE 210TH DISTRICT COURT OF EL PASO COUNTY, TEXAS

______________________________________________________________

EL PASO COUNTY PUBLIC DEFENDER A. Marcelo Rivera Todd D. Morten Deputy Public Defenders State Bar No. 24027663 500 E. San Antonio Ave., Room 501 El Paso, Texas 79901 Telephone: (915) 546-8185 Fax: (915) 546-8186

ATORNEYS FOR THE DEFENSE

COMES NOW Relator, Sarah Hernandez, by and through her Attorney of

Record, Todd D. Morten, who herein respectfully requests this Honorable Court to

permit her to supplement her brief pursuant to Tex. R. App. P. 38.7 for the following

reasons(s):

1. March 3, 2021 the Texas Court of Criminal Appeals issued Watkins v. State, PD-

1015-18, 2021 WL 800617 (Tex. Crim. App. March 3, 2021);

2. In Watkins the Court of Criminal Appeals defines the word material as it is

found in Tex. C. Crim. P. Art. 39.14(a) as evidence having “some logical connection

to a fact of consequence”; Watkins at *20.

3. While this matter ostensibly surrounds a complaint made by the State

concerning a subpoena and Arts. 24.02 and 24.03, Art. 39.14(h) has also been

discussed by the Parties. Further, a motion for discovery pursuant to Art. 39.14(a)

was filed in this case and served upon the State. Therefore, in light of Watkins a

discussion of 39.14(a) is also warranted;

4. The discussion and holding in Watkins is therefore relevant to the correct

disposition of these proceedings and therefore further briefing by the Parties will

benefit the Court in reaching a correct disposition.

WHEREFORE, Relator Sarah Hernandez requests that this Court allow

supplemental briefs from the Parties.

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Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER

By: /S/ Todd D. Morten Deputy Public Defender, App. Div. State Bar No. 24099592 500 E. San Antonio Ave., Room 501 El Paso, TX 79901 Telephone (915) 546-8185 Fax: (915) 546-8186

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing document was delivered to all parties to this action via E-File.Texas.Gov on the date this document was accepted for filing by the Clerk’s Office.

/s/ Todd Morten TODD MORTEN

Page 3 of 3

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Todd Morten Bar No. 24099592 TMorten@epcounty.com Envelope ID: 51449590 Status as of 3/15/2021 8:57 AM MST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

DISTRICT ATTORNEYAPPEALS daappeals@epcounty.com 3/13/2021 10:54:48 AM SENT

TODD MORTEN TMorten@epcounty.com 3/13/2021 10:54:48 AM SENT

AMADEO MARCELORIVERA ARivera@epcounty.com 3/13/2021 10:54:48 AM SENT

ALYSSA PEREZ AlyPerez@epcounty.com 3/13/2021 10:54:48 AM SENT