Moore, Aaron Jacob

Opinion

PD-1634-14

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

May 22, 2015 Transmitted 5/21/2015 4:15:26 PM Accepted 5/22/2015 11:14:34 AM ABEL ACOSTA

NO. PD-1634-14 CLERK

AARON JACOB MOORE § IN THE VS. § COURT OF CRIMINAL APPEALS THE STATE OF TEXAS § STATE OF TEXAS

STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF ON THE MERITS

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

The State, by and through its Fort Bend County District Attorney, asks the Court to grant an extension of time to submit its brief on the merits in the above- referenced cause. Pursuant to Texas Rule of Appellate Procedure 10.5(b), the State provides the following information:

Current Deadline: May 22, 2015 Length of Extension Sought: 60 days to July 21, 2015 Number of Previous Extensions: None Facts reasonably explaining the need for an extension:

In the last thirty days, the undersigned has filed the State’s appellate brief in McGuire v. State, 01-14-00241-CR (FSRA), and has been working on the State’s appellate brief due on June 2, 2015, on a final extended deadline in McGuire v. State, 01-14-00240-CR, a felony murder case in which the underlying felony is a third DWI,

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and in which the evidence includes a test result from a warrantless blood draw made under Section 724.012, Texas Transportation Code. The constitutionality of this statute was addressed in State v. Villarreal, No. PD-0306-14, 2014 WL 6734178 (Tex. Crim. App. Nov. 26, 2014). Rehearing was granted on February 25, 2015. The undersigned has had to review the plethora of cases decided after McNeely, review the PDR’s filed and briefs on the merits pending with this Court, and gather legislative history to summarize the existing decisions and arguments and hopefully contribute new arguments and authorities. Further, contrary to law, the trial court required redactions from the in-car video recordings of Appellant’s statements and failed to instruct the jury to return a verdict on each count of the indictment. The undersigned had to obtain a transcription of the video recording and must still write these anticipated cross-points of error.

The undersigned also took a pre-planned vacation from May 1-11, 2015, and has had long-standing, pre-paid plans to attend a graduation and family visits from June 11-19, 2015. The undersigned will also be attending the Criminal Appellate Seminar in Austin May 27-29, 2015. A 60-day extension will allow a little more than four weeks to write the brief on the merits in this case and, barring unforeseen circumstances, no further extension will be requested. The undersigned has contacted Appellant’s attorney, Ms. Carmen Roe, and Appellant will not oppose this motion for

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extension of time.

The undersigned is one of three appellate attorneys, who also assist fifty other trial and administrative attorneys with trial issues and office policy. The State asks for an extension of time not for the purpose of delay, but to see that justice is done.

Respectfully submitted,

John F. Healey, Jr.

SBOT # 09328300

District Attorney, 268th Judicial District Fort Bend County, Texas

/s/ Gail Kikawa McConnell Gail Kikawa McConnell

SBOT # 11395400

Assistant District Attorney 301 Jackson Street, Room 101 Fort Bend County, Texas 77469 (281) 238-3205 / (281) 238-3340 (fax)

Gail.McConnell@fortbendcountytx.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing State's motion for extension of time was served on May 22, 2015, through the electronic filing manager or by email on Ms. Carmen Roe, Attorney for Appellant, <carmen@carmenroe.com>; Ms. Lisa McMinn, State Prosecuting Attorney, <Lisa.McMinn@SPA.texas.gov>.

/s/ Gail Kikawa McConnell Gail Kikawa McConnell