Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/26/2015 8:17:41 AM JEFFREY D. KYLE Clerk NO. 03-14-00570-CR THIRD COURT OF APPEALS 8/26/2015 8:17:41 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00570-CR *1 ACCEPTED [6652384] CLERK ERIC BYRON CRAYTON § IN THE THIRD
VS. § DISTRICT COURT OF
THE STATE OF TEXAS § APPEALS OF TEXAS
MOTION TO POSTPONE ARGUMENT AND NOTICE OF INTENT TO ARGUE BEFORE THE COURT TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered cause, and notifies the Clerk of the Court that the author of the State’s brief,
Assistant Criminal District Attorney Clayten Hearrell, intends to argue this case
before the Honorable Court of Appeals; furthermore, pursuant to Texas Rule of
Appellate Procedure 10.5(c), Appellee moves the Court to postpone oral argument
until September 29, 2015 or a subsequent date which is convenient for the Court,
and for good and sufficient cause would show the following:
I. Appellant was convicted by a jury of Tampering with Physical Evidence on August 11, 2014 in the 207 th District Court of Comal County. The jury then
sentenced Appellant to 35 years confinement in the institutional division of the
Texas Department of Criminal Justice. Appellant timely filed his notice of appeal
and filed his brief with the Court on February 2, 2015. The State’s brief was
submitted on July 3 rd before being filed following reinstatement on July 29, 2015.
Appellant filed a reply brief on August 17, 2015. The Court has ordered oral
argument on September 23, 2015 at 1:30 p.m.
II. The Comal County Criminal District Attorney’s Office attends an annual conference to ensure its members meet their C.L.E. requirements. Before the
Court’s order – issued August 24, 2015 – set this cause for oral argument, the
Office had registered to attend the Texas District & County Attorneys
Association’s Annual Criminal and Civil Law Update, scheduled to take place in
Corpus Christi. Mr. Hearrell’s registration was confirmed on July 20, 2015.
Confirmation (redacted), attached . Check-in at the hotel is on September 22, 2015,
and the office will attend the conference (including some optional courses on
September 22) through September 25, 2015. While Appellee intends to argue
before the Court, in light of the foregoing, Appellee respectfully prays that the
Court postpone oral argument in the instant cause until September 29, 2015, or
whatever subsequent day is most convenient for the Court.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests that the Court postpone oral argument until September 29,
2015 or a subsequent date, so that Appellee may attend the prescheduled
conference and argue the instant cause before the Court. This postponement is not
requested for the purpose of delay itself, but so that justice may be done. This is
Appellee’s first request to postpone oral argument.
Respectfully submitted, /s/ Joshua D. Presley Joshua D. Presley SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008 *4 CERTIFICATE OF SERVICE I, Joshua D. Presley, Assistant District Attorney for the State of Texas, Appellee, hereby certify that a true and correct copy of this Motion to Postpone
Argument and Notice of Intent to Argue before the Court and accompanying
attachments have been delivered to Appellant ERIC BYRON CRAYTON’s
attorney of record in this matter:
Richard E. Wetzel
wetzel_law@1411west.com
1411 West Avenue
Suite 100
Austin, TX 78701
Attorney for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov e-filing service this 26 th day of August, 2015.
/s/ Joshua D. Presley Joshua D. Presley CERTIFICATE OF CONFERENCE I, Joshua D. Presley, Assistant District Attorney for the State of Texas, Appellee, hereby certify that I have conferred with the attorney for ERIC BYRON
CRAYTON regarding the merits of this motion and to learn whether Appellant
opposes the instant motion. Mr. Richard E. Wetzel does not oppose postponing
oral argument until September 29, 2015, or whatever subsequent date is most
convenient for the Court.
/s/ Joshua D. Presley Joshua D. Presley *5 Popp, Charlotte B.
Hearrell, Clayten H. From: Monday, July20, 20151:42 PM Sent: Popp, Charlotte B. To: FW: 2015 Annual Criminal & Civil Law Update Subject:
From: rogers@tdcaa.com [mailto:roqers@tdcaa.com]
Sent: Monday, July 20, 2015 10:53 AM
To: Hearrell, Clayten H.
Cc: dayatra.roaers@tdcaa.com
Subject: 2015 Annual Criminal & Civil Law Update
Your registration for the 2015 Annual Criminal & Civil Law Update is listed below.
Attendee Information
!Attendee ID [1]
Name (Badge !clayten H. Hearrell (Clay) Name)
r--lsta_t_e -Bar# _ __ l24059919
!Position .-lA-s-st-. _C_ri_m-in_al_D_is-tri-.c-t_A_tt_o_m_e_y __ __ ____ ___ _
r-IF_irm ____ lcomal County ~----------------------------------
IAddress It 50 N. Seguin Ave., Ste. 307 I !New Braunfels, TX 78130-5161
I.-WT-e-IIH_T_e_VF_ax_l830-221-1300 I I 830-608-2008
!Email lhearrc@co.comal.tx.us
.-IB_ill_ed ___ ls35o.oo !Paid .--lso-.o-o _ ___ _________ ___ _
lr-Bal-an-ce _ _ _ IS35o.oo IYou have registered for the following events Date F
~~:ent !Quantity I Event Description I
PLEASE SELECT EITHER FULL,
TRAINING ONLY, OR NON-MEMBER REGISTRATION. You can also register a guest !for dinner functions below, or sign-up for the
100 I 09-23-2015 350.00 Optional Protective Order class, a separate CLE,
the day before the start of the Annual. I
Full Registration - For CAs, DAs, CD As, *6 .. ..
C&DAs, and their office personnel. ($350 includes $175 Registration fee+ $175 Association fee).
The association fee of$175 is each participant's share of costs over and above what the grant allows (for example, excess costs of on-site meals and association overhead). In addition, this fee enables TDCAA to lock in discounted hotel rates for participants and entitles them to attend all association functions, including Wednesday night's opening reception, as well as Thursday's lunch and dinner. This registration option is not available to municipal prosecutors, military prosecutors, special prosecutors, peace officers, defense attorneys, judges, and any other criminal justice professional who are not a full-time employee of a Texas District or County Attorneys Office.
Prosecutors and their staffs are also entitled to reimbursement of up to $10 a day for meals (not provided by TDCAA) and up to $40 a night for hotel rooms for a maximum of two nights (Wed and Th only).
Total Paid: $0.00 Total amount due: $350.00 THIS IS YOUR REGISTRATION CONFIRMATION AND INVOICE.
If you need to edit any of the information above, please email dayatra.rogers@tdcaa.com with your corrections
or contact her in the office at 512-474-2436.
Please make a copy of your confirmation/invoice and send it along with your payment to:
TDCAA
Attn: Dayatra Rogers
505 W. 12th St., Suite 100
Austin, TX 78701
If you registered for the $150 "training only" fee, you are entitled to attend the entire seminar but cannot attend
the TDCAA reception or the included luncheon. Please be sure you have checked the appropriate registration
fee.
TDCAA has received 12 hours ofCLE credit, including 3 hours of ethics. We report these hours for you upon
completion of the course.
All seminar materials will be made available on our website one week prior to the course, and will remain
archived there for future reference. The password to access these materials will be emailed to the address you
used to register with by September 16, 2015. There will not be capability to print these materials out at the
semmar.
Visit the Training page on the TDCAA website for our cancellation policy. Thanks for your interest in our
association and training, and we'll see you in Corpus!
Please note that no photography or audio or video recording of this training will be allowed. Any
rebroadcast or retransmission of a TDCAA training or and any reproduction or reuse of TDCAA 's
training materials, without the express written consent of TDCAA, is prohibited.
Popp, Charlotte B. From: Hearrell, Clayten H. Sent: Monday, July 20, 2015 1 :43 PM Popp, Charlotte B.
To: FW: 2015 Corpus Christi Legislative Update Subject:
From: roaers@tdcaa.com [mailto:roqers@tdcaa.com]
Sent: Monday, July 20, 2015 11:25 AM
To: Hearrell, Clayten H.
Cc: dayatra.roqers@tdcaa.com
Subject: 2015 Corpus Christi Legislative Update
Your registration for the 2015 Corpus Christi Legislative Update is listed below.
Attendee lnfonnation
[Attendee ID Name (Badge Name) [1] H. Hearrell (Clay) ~~layten
...... ,S-ta-te_B_ar# ___ /24059919
[Position [Asst. Criminal District Attorney
[comal County [Finn
[.--A-dd_r:_es_s ---[150 N. Seguin Ave., Ste. 307
I [New Braunfels, TX 78130-5161
[WTei!HTei/Fax [830-221-1300 //830-608-2008
[Email [hearrc@co.comal.tx.us
[r-Bt-.11-ed __ _ l$100.00
[Paid [ r -$0 - .0 - 0 - - - - - - - - - - - - - - ·
[r-B-al_an_c_e ---[$100.00 [You have registered for the following events I Date F
~~~ent !Quantity I Event Description
!1001 1 [Member Registration [09-22-2015[ 100.00 Total Paid: $0.00 Total amount due: $100.00 Corpus Christi**
Tuesday, September 22
Omni Bayfront Hotel
900 N. Shoreline Blvd.
Nueces Ballroom
PLEASE NOTE: This is your registration confirmation and invoice. A copy of this invoice must be submitted
with a check in a timely manner to ensure payment is posted to the correct registrant. If you wish to pay with a
credit card (Visa or MasterCard}, you may do so by calling Dayatra Rogers ahead of time at 512-474-2436.
TDCAA
Attn: Dayatra Rogers
505 W. 12th St., Suite 100
Austin, TX 78701
Registration opens at 1 :00 p.m. The legislative update session is from 1 :30 to 5 p.m., is worth 3 hours of 3184
TCOLE and CLE credit, and costs $100 for TDCAA members who pre-register online (up until a week before
the training) and $125 for all others, including members who register on-site.
All attendees will receive a copy of the 2015 Legislative Update book with a Penal Code table of offenses.
Please note that no photography or audio or video recording of this training will be allowed. Any
rebroadcast or retransmission ofTDCAA's Legislative Update presentation and any reproduction or
reuse ofTDCAA's Legislative Update book, without the express written consent ofTDCAA, is
prohibited.
**The legislative training in Corpus is the same week as our Annual Criminal & Civil Law Update; you
are welcome to attend both but must register and pay for them separately. Registration for the Annual
will open in mid-June.