ACCEPTED 01-16-00768-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/24/2018 11:00 AM CHRISTOPHER PRINE CLERK No. 01-16-00768-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the First District of Texas HOUSTON, TEXAS At Houston 5/24/2018 11:00:14 AM CHRISTOPHER A. PRINE Clerk ♦ No. 1487627 In the 337th District Court Of Harris County, Texas ♦ Ruben Lee Allen Appellant v. The State of Texas Appellee ♦ State’s Motion for Leave to File Supplemental Brief ♦ To the Honorable Court of Appeals: The State asks for leave to file a supplemental brief.

In December 2017, the State has filed a motion for en banc reconsideration in this case regarding this Court’s holding on court costs.

That motion is still pending.

In April 2018, the State’s appellate counsel had oral argument before a panel of the Fourteenth Court on an issue closely related to the relevant issue in this case. As a result of that argument the State’s appellate counsel conducted additional research into the original meaning of the Texas constitution as it relates to court costs.

The State believes that research — which is contained in the supplemental brief, and which has now been submitted to two panels of the Fourteenth Court — bears directly on an issue addressed by this Court on original submission. The State believes it would be inappropriate to not provide this Court with this research.

The State’s supplemental brief contains 2,172 words. Adding this amount to the State’s motion for rehearing (1,179 words) still leaves the State well below the 4,500 words the Rules of Appellate Procedure allow for motions for rehearing.

Respectfully submitted,

/s/ C.A. Morgan CLINT MORGAN Assistant District Attorney Harris County, Texas 1301 Prairie, Suite 500 Houston, Texas 77002 274 5826 [email protected] TBC No. 24071454 Certificate of Service I certify that I have requested that efile.txcourts.gov electronically serve a copy of this motion to: Nicholas Mensch [email protected]

/s/ C.A. Morgan CLINT MORGAN Assistant District Attorney Harris County, Texas 1301 Prairie, Suite 500 Houston, Texas 77002 274 5826 [email protected] TBC No. 24071454 Date: May 24, 2018