PD-1396-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS September 30, 2015 Transmitted 9/30/2015 1:17:53 PM Accepted 9/30/2015 1:57:55 PM ABEL ACOSTA Cause No. PD-1396-14 CLERK IN THE TEXAS COURT OF CRIMINAL APPEALS

JON THOMAS FORD, § FROM THE FOURTH COURT OF Petitioner, § APPEALS, SAN ANTONIO, TEXAS § No. 04-12-00317-CR vs. § § [On Appeal from Cause No. THE STATE OF TEXAS, § 2010-CR-7741 in the 186th Dist. Court, Respondent. § Bexar County, San Antonio, Texas]

PETITIONER’S RESPONSE TO THE STATE’S MOTION TO END POST-SUBMISSION FILINGS NOW COMES the Petitioner, JON THOMAS FORD, who by and through undersigned counsel files his response to the State’s motion asking that this Honorable Court “close post-submission filings in this case.” In support of same, Petitioner will show as follows: Either party, the Petitioner or the Respondent, may bring additional special intervening authority to the Court’s attention that supports their argument, and also serves as an aid to the Court.

As the State mentions in its motion, Rule 70.4 “does not mention post- submission filings, for which there is apparently no provision.” However, the Internal Operating Procedures of the Court of Criminal Appeals (Revised February 10, 2015) state:

PROCEDURE WHAT AND HOW COURT’S SPECIAL HOW TO FILE HANDLED PARTICULAR NOTES PRACTICES Oral Argument … … … Additional citations should not be made orally during argument, but should be reduced to writing and filed with the Clerk.

Therefore, the Petitioner may file post-submission briefs/letters with this additional authority.

The State also mentions within the motion that “The Court may note that the attachment to Appellant’s most recent filing, showing supposed service on me, does not include dates for that service.” See page 2 of the State’s Motion to End Post-Submission Filings. Rule 21a(1) of the Texas Rule of Civil Procedure states: “(1) Documents Filed Electronically. A document filed electronically under Rule 21 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).”

The State’s representative, Assistant District Attorney Jay Brandon’s email is on file and service is made through the www.eFileTexas.gov electronic filing system.

The accepted date stamp on the document, August 8, 2015, should be an indication that the document was filed in the case.

Petitioner has only submitted post-submission briefs/letters that include additional special intervening authority when it is appropriate.

Respectfully Submitted: ____/s/Cynthia E. Orr_____________ Cynthia E. Orr Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY S. St. Mary’s St. 29th Floor Tower Life Bldg.

San Antonio, Texas 78205 210-226-1463 210-226-8367 facsimile [email protected] Attorney for Petitioner, JON THOMAS FORD

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above Motion has been sent via E- file.Texas.gov, as a registered participant, to [email protected], on this the 30th day of September, 2015 to the following: Nicolas LaHood District Attorney Jay Brandon Assistant District Attorney Paul Elizondo Tower West Nueva, Fourth Floor San Antonio, Texas 78205 E-mail: [email protected],

____/s/Cynthia E. Orr_____________ Cynthia E. Orr