WR-83,719-01

No. _______________________ RECEIVED COURT OF CRIMINAL APPEALS IN THE 8/11/2015 ABEL ACOSTA, CLERK TEXAS COURT OF CRIMINAL APPEALS SITTING AT AUSTIN, TEXAS _________________________________________________ IN RE STATE OF TEXAS EX REL. MATT JOHNSON, RELATOR V. COURT OF APPEALS FOR THE TENTH DISTRICT, RESPONDENT ___________________________________________ A PETITION FOR WRIT OF MANDAMUS CAUSE NO. 10-15-00235-CR FROM THE 10TH COURT OF APPEALS DISTRICT WACO, TEXAS CAUSE NO. 2015-1955-2 FROM THE 54TH JUDICIAL DISTRICT COURT OF MCLENNAN COUNTY, TEXAS ____________________________________________ STATE'S MOTION TO FILE APPENDIX 5 BY HAND PURSUANT TO RULE 9.2 ____________________________________________

Relator, State of Texas, hereby moves this Court to file Appendix 5 to his Petition for Writ of Mandamus enclosed here with by hand filing through certified mail return receipt requested. Good cause exsists because it is a DVD containing multiple video files which are not in the required format for electronic filing, making it difficult if not impossible to electronically file.

Respectfully Submitted, /s/ABELINO ‘ABEL’ REYNA ABELINO "ABEL" REYNA Criminal District Attorney McLennan County, Texas State Bar No. 2400087 North 6th Street, Suite 200 Waco, Texas 76701 [Tel.] (254) 757-5084 [Fax] (254) 757-5021 [Email] [email protected]

Certificate of Service I certify that I caused to be served a true and correct copy of this motion by electronic service or email or hand delivery on: Respondent, 10th Court of Appeals Waco, Texas by hand delivery per request of Chief Justice Tom Gray Attorney, F. Clint Broden, for Real Party in Interest, Matthew Clendennen at [email protected] Real Party in Interest, Judge Matt Johnson, 54th District Court, McLennan County Texas at [email protected] DATE: 8/11/15 /S/ ABELINO ‘ABEL’ REYNA ABELINO ‘ABEL’ REYNA