Moon, Cameron

• Court: Court of Appeals of Texas
• Decided: December 30, 2014
• Docket: PD-1215-13
• Status: Published

Opinion

PD-1215-13 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 30, 2014 Transmitted 12/30/2014 10:14:20 AM Accepted 12/30/2014 11:16:21 AM ABEL ACOSTA NO. PD-1215-13 CLERK IN THE CRIMINAL COURT OF APPEALS AUSTIN, TEXAS NO. 01-10-00341-CR IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS

IN THE 178th DISTRICT COURT HOUSTON, TEXAS THE STATE OF TEXAS Petitioner v.

CAMERON MOON Respondent

MOTION TO ISSUE THE MANDATE INSTANTER

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Pursuant to Rule 18.1(c) of the Texas Rules of Appellate Procedure,

Respondent Cameron Moon files this motion to issue the mandate instanter.

I.

On July 31, 2013, the First Court of Appeals vacated Respondent’s

conviction and vacated the criminal case against him based on Respondent’s claim

that the juvenile court abused its discretion in transferring jurisdiction of

Respondent’s case to the adult criminal court of Harris County, Texas. This Court

affirmed the Court of Appeals’ decision in a 6-3 opinion on December 10, 2014.

The State’s motion for rehearing was due on December 26, 2014. TRCP 79.1. As no motion was filed as of December 29, 2014, Respondent respectfully prays that

this Court issue the mandate in this matter instanter.

TRAP 18.1(c) provides that the mandate “may be issued [immediately]

…for good cause on the motion of a party.” Here, Respondent has been in custody

since July 2008, for six and one half years after challenging the transfer hearing via

petition for writ of mandamus in 2009, before trial, citing insufficiency of the

evidence and an abuse of discretion by the juvenile court. The petition was denied

pursuant to Code of Criminal Procedure 44.47 which prohibits an interlocutory

appeal of a juvenile transfer. This Court has now found Respondent had good

cause to challenge the juvenile court’s abuse of discretion via its well-reasoned,

forty-one page opinion issued on December 10, 2014.

PRAYER

For these reasons, Respondent, Cameron Moon, prays that this Court grant

this motion and issue the mandate in this matter instanter.

Respectfully submitted,

/s/ Christene Wood_______ David Adler State Bar No. 00923150 Attorney at Law 6750 West Loop South, Suite 120 Bellaire, Texas 77401 713-666-7576 Email: davidadler1@hotmail.com Pro Bono

2 Of Counsel JACK G. CARNEGIE State Bar No. 03826100 Strasburger & Price, LLP 909 Fannin Street, Suite 2300 Houston, Texas 77010-1036 Telephone: (713) 951-5600 Facsimile: (713) 951-5660 Email: jack.carnegie@strasburger.com Pro Bono

John L. Hagan State Bar No. 08684200 Jackson, Gilmore & Dobbs 3900 Essex, Suite 700 Houston, Texas 77027 Telephone: (713) 355-5028 Facsimile: (713) 355-5001 Email: JHagan@jgdpc.com Pro Bono

Christene Wood Thompson Coe Cousins & Irons State Bar No. 24042188 One Riverway, Suite 1400 Houston, Texas 77056 Telephone: (713) 403-8382 Facsimile: (713) 403-8299 Email: cwood@thompsoncoe.com Pro Bono

3 CERTIFICATE OF COMPLIANCE

The undersigned attorney certifies that this computer-generated document has a word count of 263 words, based upon the representation provided by the word processing program that was used to create the document.

Certified to this the 30th day of December 2014.

/s/ Christene Wood D. Christene Wood

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on counsel for the State of Texas by electronic filing or certified mail, return receipt requested, on this 30th day of December 2014.

Dan McCrory Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

Michelle Oncken Mary McFaden Lauren Byrne Assistant District Attorneys Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

/s/ Christene Wood Christene Wood