Leandre Vonzell Hill v. State

Opinion

ACCEPTED 13-15-00152-CR THIRTEENTH COURT OF APPEALS CORPUS CHRISTI, TEXAS 11/24/2015 11:01:42 AM Dorian E. Ramirez CLERK

NO. 13-15-00152-CR

IN THE COURT OF APPEALS FOR THE FILED IN 13th COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI/EDINBURG, TEXAS CORPUS CHRISTI, TEXAS11/24/2015 11:01:42 AM ______________________________ DORIAN E. RAMIREZ Clerk LEANDRE HILL, Appellant

v.

THE STATE OF TEXAS, Appellee ______________________________

ON APPEAL FROM THE 379th JUDICIAL DISTRICT COURT OF BEXAR COUNTY, TEXAS CAUSE NUMBER 2012-CR-9686 ______________________________

AMENDED BRIEF FOR THE STATE ______________________________

NICHOLAS “NICO” LaHOOD Criminal District Attorney Bexar County, Texas

ANDREW N. WARTHEN Assistant Criminal District Attorney Bexar County, Texas Paul Elizondo Tower 101 W. Nueva Street San Antonio, Texas 78205 Phone: (210) 335-2414 Email: awarthen@bexar.org State Bar No. 24079547 Attorneys for the State of Texas

ORAL ARGUMENT WAIVED

1 IDENTITY OF PARTIES AND COUNSEL Pursuant to TEX. R. APP. P. 38.2(a), the appellee supplements the appellant’s list of parties as follows:

APPELLATE STATE’S Andrew N. Warthen ATTORNEY State Bar No. 24079547 Assistant Criminal District Attorney Paul Elizondo Tower 101 W. Nueva Street San Antonio, Texas 78205 (210) 335-2414 awarthen@bexar.org

2 TABLE OF CONTENTS

Page IDENTITIES OF PARTIES AND COUNSEL 2

INDEX OF AUTHORITIES 4

STATEMENT OF THE CASE 5

ISSUES PRESENTED 5

APPELLANT’S SOLE ISSUE The judgment should be corrected to give Hill credit on his sentence for all of the time that he remained in custody until he was sentenced.

STATE’S RESPONSE This appeal is moot because the trial court has entered an order which grants the relief that appellant requests. The State concurred with the trial court’s decision. Therefore, there is no controversy for this court to review.

STATEMENT OF FACTS 5

SUMMARY OF THE ARGUMENT 6

ARGUMENT 7

PRAYER FOR RELIEF 7

CERTIFICATE OF COMPLIANCE AND SERVICE 8

3 INDEX OF AUTHORITIES

None.

4 BRIEF FOR THE STATE

To the Honorable Fourth Court:

Now comes, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar

County, Texas, and files this brief for the State.

STATEMENT OF THE CASE

The State accepts appellant’s Statement of the Case.

ISSUES PRESENTED

APPELLANT’S SOLE ISSUE The judgment should be corrected to give Hill credit on his sentence for all of the time that he remained in custody until he was sentenced.

STATE’S RESPONSE This appeal is moot because the trial court has entered an order which grants the relief that appellant requests. The State concurred with the trial court’s decision. Therefore, there is no controversy for this court to review and grant relief on.

STATEMENT OF FACTS

The State accepts the factual assertions contained in appellant’s brief. See

TEX. R. APP. P. 38.2(a)(1)(B). The State will supply supplemental pertinent facts

supported with record references within its response to appellant’s points of error.

5 SUMMARY OF THE ARGUMENT

This issue has been resolved by the trial court following an agreement of the

parties. Therefore, there is nothing for this court to review and this appeal should

be dismissed.

ARGUMENT

After undersigned counsel for the State spoke with appellant’s appellate

counsel about the issue on appeal, appellant’s counsel and the State’s agreed that

appellant would file a motion for a judgment nunc pro tunc with the district court

in order to receive the time credit he is seeking. On September 11, 2015,

appellant’s counsel filed a motion for such a judgment, and on the same date the

trial court signed an order to give appellant the time credit he is owed. (CR Supp.

Of November 9, 2015 at 3-6.) As the issue is now moot, appellant’s counsel has

informed the State that he has sent a motion to dismiss this appeal to appellant

through the postal service so that he can sign it and so this appeal can be dismissed.

That signed motion was submitted on November 23, 2015. But, in an abundance

of caution, the State submits this brief noting that the issue has been resolved and

is, thus, now moot. Therefore, this appeal should be dismissed because there is no

contested issue for which this court can grant relief.

6 PRAYER

WHEREFORE, PREMISES CONSIDERED, the State of Texas submits that the

judgment of the trial court should, in all things, be AFFIRMED and this appeal

DISMISSED.

Respectfully submitted,

Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas

/s/Andrew N. Warthen Andrew N. Warthen Assistant Criminal District Attorney Bexar County, Texas Paul Elizondo Tower 101 W. Nueva Street San Antonio, Texas 78205 Phone: (210) 335-2414 Email: awarthen@bexar.org State Bar No. 24079547

Attorneys for the State

7 CERTIFICATE OF COMPLIANCE AND SERVICE

I, Andrew N. Warthen, herby certify that the total number of words in

appellee’s brief is 280. I also certify that a true and correct copy of the above and

forgoing brief was emailed to appellant Leandre Hill’s attorney, Richard B.

Dulany, at richarddulany@gmail.com, on this the 24th day of November, 2015.

/s/Andrew N. Warthen Andrew N. Warthen Assistant Criminal District Attorney

Attorney for the State