Liverman, Aaron

Opinion

PD-1595-14

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/20/2015 9:16:01 AM Accepted 8/20/2015 9:25:00 AM IN THE COURT OF CRIMINAL APPEALS abel acosta CLERK

AARON LIVERMAN § PD-1596-14 C\_£n-u>J£ W4~ APPELANT; § l ' L, ROGER LIVERMAN § PD-1595-14 *™*i ^ r.

APPELLANT § jucm^ ' _ ,r V. § FILED IN #'*5"* o COURT OF CRIMINALAPPEALS §

THE STATE OF TEXAS § August 20,2015 APPELLEE § 3 ABELACOSTA, CLERK

STATE'S MOTION TO FILE AN ADDITIONAL BRIEF IN REPLY TO THE TEXAS CONSTRUCTION ASSOCIATION'S BRIEF OF AMICUS CURIAE INSTANTER

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the State of Texas, by and through the Denton County

Criminal District Attorney and the undersigned counsel, and tenders this motion to

file an additional brief in reply to the Texas Construction Association's brief of

amicus curiae pursuant to Texas Rule of Appellate Procedure 70.04. The State

moves that this Court permit the State to file this additional brief. The State shows

the following in support of this motion;

1. The State received the "Brief of amicus curiae of the Texas

Construction Association" on August 14, 2015, and received the "Amended Brief

of amicus curiae of the Texas Construction Association" on August 17, 2015.

2. The brief of amicus curiae is in support of Appellants.

3. This case is already in submission and this Court has already received

the briefs on the merits and heard the arguments of the parties.

4. The State would like to respond to the arguments made in the brief

of amicus curiae in an additional brief.

5. The State has already prepared the response to the brief of amicus

curiae and offers the brief instanter for this Court's consideration.

PRAYER

WHEREFORE, premises considered, the State prays that this Court

grant this motion and permit the State to file an additional brief in reply to the

Texas Construction Association's brief of amicus curiae.

Respectfully Submitted, PAUL JOHNSON Criminal District Attorney CATHERINE LUFT Assistant Criminal District Attorney Chief, Appellate Division

\LARA TOMI/IN assistant Criminal District Attorney Bar No. 24075169 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 (940) 349-2600 lara.tomlin@dentoncounty.com

CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of August 2015, a true and correct copy of the State's Motion to File an Additional Brief in Reply to the Texas

Construction Association's Brief of amicus curiae was sent through

efile.txcourts.gov by electronic mail to: (1) Applicant's Counsel, Matthew J. Kita,

matt@mattkita.com; (2) Texas Construction Association's Counsel, John S. Polzer,

jpolzer@canteyhanger.com, Chris A Brown, cbrown@canteyhanger.com;

and (3) the State Prosecuting Attorney, Lisa C. McMinn,

information@spa.texas.gov.

sistant Criminal District Attorney