Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/23/2015 1:17:41 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00095-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/23/2015 1:17:41 PM CHRISTOPHER PRINE CLERK N . 01-15-00094-CR
01-15-00095-CR
I N T HE OURT OF A PPEALS
F OR THE F IRST D ISTRICT OF T EXAS D IONYSIOS S PIRO K OSMETATOS
Appellant
v .
THE S TATE OF EXAS
Appellee On Appeal from Cause Numbers 1414418 and 1449194
From the 338 th District Court of Harris County, Texas M OTION TO TRIKE B RIEF FOR THE A PPELLANT
To the Honorable Court of Appeals of Texas:
Comes now Appellant, in accordance with Rule 10.1 of the Texas Rules of
Appellate Procedure, and files this motion to strike brief for the appellant in this
cause, and, in support thereof, presents the following: In the 338 th District Court of Harris County, Texas, following a jury trial,
Appellant was sentenced on January 15, 2015 in Cause Numbers 1414418
and 1449194 , The State of Texas v. Dionysios Spiro Kosmetatos.
2. The Appellant’s brief was due October 22, 2015.
3. Counsel electronically filed Appellant’s brief on October 22, 2015 at exactly
11:08:56 pm. The facts relied upon to explain the need to strike the filed brief are:
a. On October 23, 2015, Appellate counsel printed the filed brief to
mail to the Appellant and immediately realized a rough draft had
been mistakenly filed.
b. In a slight panic, counsel contacted the clerk’s office of this court and
explained to Jesse Rodriguez that the correct draft needed to be filed
and would be done as soon as possible.
Consequently, an Amended Brief for the Appellant has been filed along with
this motion to ensure the Court receives the correct draft. The Appellant’s motion is
not for purposes of delay, but so that justice may be done.
WHEREFORE, the Appellant prays that this Court will grant his Motion to
Strike Appellant’s Brief and replace with the Amended Brief for the Appellant.
Respectfully submitted, L AW FFICE OF ONYA R OLLAND /s/ Tonya Rolland McLaughlin ____ 4301 Yoakum Boulevard Houston Texas 77006 Phone: (713) 529-8500 Fax: (713) 453-2203 TBN 24054176 *3 ERTIFICATE OF ERVICE This is to certify that a copy of the foregoing instrument has been delivered via
e-service to the following:
Curry_alan@dao.hctx.net
Chief Prosecutor, Appellate Division
Harris County District Attorney’s Office
1201 Franklin Suite 600
Houston, Texas 77002-1923
_/s/ Tonya Rolland McLaughlin__ Attorney for Appellant