Kent, Kevin Lavelle

Opinion

PD-1340-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/17/2015 10:43:43 AM Accepted 4/17/2015 11:08:35 AM April 20, 2015 ABEL ACOSTA No. PD-1340-14 CLERK In the Court of Criminal Appeals ♦ No. 14-13-00375-CR In the Court of Appeals for the Fourteenth District of Texas at Houston ♦ No. 1253665 th In the 174 District Court of Harris County, Texas ♦ KEVIN LAVELLE KENT Appellant V. THE STATE OF TEXAS Appellee ♦ STATE’S MOTION REGARDING ARGUMENT ♦ TO THE HONORABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for a

setting of oral argument in this case not on any date from June 1 through June 11,

2015, and would show the following:

1. The appellant was convicted of aggregate theft of money from two families

over a five-year period (CR – 13, 615). The court of appeals reversed the

conviction, and this Court granted review.

2. This Court has not yet set this case for submission, although it did permit

argument when it granted review. 3. The undersigned counsel has had a family vacation planned from June 1

through June 11, 2015 since early in 2014. The plan is to drive from Phoenix,

Arizona to San Francisco, California, while staying in national parks along the

way, including Grand Canyon, Death Valley, and Yosemite. As anyone who

has stayed in those parks can attest, reservations for families usually fill up

within hours of becoming available one year in advance. Furthermore, the

undersigned counsel has made many non-refundable expenditures in an effort to

secure favorable rates during the trip.

4. Therefore, the undersigned counsel requests that this Court not set the oral

argument in this case on any date from June 1 through June 11, 2015. The

undersigned counsel has called counsel for the appellant, and counsel has stated

that he does not oppose such a restriction.

WHEREFORE, the State prays that this Court will grant the request.

Respectfully submitted,

/S/ Eric Kugler ERIC KUGLER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 Kugler_Eric@dao.hctx.net (713) 755-5826 TBC No. 796910 CERTIFICATE OF SERVICE

This certifies that a copy of the foregoing instrument will be served through

TexFile to:

James Pons Lisa McMinn Attorney at Law State Prosecuting Attorney 10900 N.W. Freeway, Suite 230 P.O. Box 13046 Houston, Texas 77092 Austin, Texas 78711 Jpons_78221@yahoo.com Lisa.McMinn@SPA.texas.gov

/S/ Eric Kugler ERIC KUGLER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 TBC No. 796910 Date: April 17, 2015