in Re: El Paso County Public Defender

ACCEPTED 08-19-00296-CR 08-19-00296-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 3/13/2021 10:54 AM ELIZABETH G. FLORES CLERK No. 08-19-00296-CR

IN THE COURT OF APPEALS

FILED IN - 8th COURT OF--APPEALS ---- EIGHTH DISTRICT OF TEXAS EL PASO, - - --- TEXAS - - ---- RG ------ 3/13/2021 - I10:54:48 - D -- AM _____________________________________________________________ ---- VO ------ ELIZABETH -- G. FLORES ---- IN RE EL PASO COUNTY PUBLIC DEFENDER ---- Clerk ______________________________________________________________ DEFENDANT’S MOTION TO SUPPLEMENT BRIEF

FILED IN 8th COURT OF APPEALS ______________________________________________________________ EL PASO, TEXAS 3/15/2021 9:22:00 AM TRIAL COURT CAUSE NO. 20180D05116ELIZABETH G. FLORES Clerk IN THE 210TH DISTRICT COURT OF EL PASO COUNTY, TEXAS ______________________________________________________________ EL PASO COUNTY PUBLIC DEFENDER

A. Marcelo Rivera

Todd D. Morten

Deputy Public Defenders

State Bar No. 24027663

500 E. San Antonio Ave., Room 501

El Paso, Texas 79901

Telephone: (915) 546-8185

Fax: (915) 546-8186

ATORNEYS FOR THE DEFENSE COMES NOW Relator, Sarah Hernandez, by and through her Attorney of Record, Todd D. Morten, who herein respectfully requests this Honorable Court to permit her to supplement her brief pursuant to Tex. R. App. P. 38.7 for the following reasons(s):

1. March 3, 2021 the Texas Court of Criminal Appeals issued Watkins v. State, PD- 1015-18, 2021 WL 800617 (Tex. Crim. App. March 3, 2021); 2. In Watkins the Court of Criminal Appeals defines the word material as it is found in Tex. C. Crim. P. Art. 39.14(a) as evidence having “some logical connection to a fact of consequence”; Watkins at *20.

3. While this matter ostensibly surrounds a complaint made by the State concerning a subpoena and Arts. 24.02 and 24.03, Art. 39.14(h) has also been discussed by the Parties. Further, a motion for discovery pursuant to Art. 39.14(a) was filed in this case and served upon the State. Therefore, in light of Watkins a discussion of 39.14(a) is also warranted;

4. The discussion and holding in Watkins is therefore relevant to the correct disposition of these proceedings and therefore further briefing by the Parties will benefit the Court in reaching a correct disposition.

WHEREFORE, Relator Sarah Hernandez requests that this Court allow supplemental briefs from the Parties.

Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER By: /S/ Todd D. Morten Deputy Public Defender, App. Div. State Bar No. 24099592 E. San Antonio Ave., Room 501 El Paso, TX 79901 Telephone (915) 546-8185 Fax: (915) 546-8186 CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing document was delivered to all parties to this action via E-File.Texas.Gov on the date this document was accepted for filing by the Clerk’s Office. /s/ Todd Morten TODD MORTEN

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Todd Morten

Bar No. 24099592

[email protected]

Envelope ID: 51449590

Status as of 3/15/2021 8:57 AM MST

Case Contacts

Name BarNumber Email TimestampSubmitted Status DISTRICT ATTORNEYAPPEALS [email protected] 3/13/2021 10:54:48 AM SENT TODD MORTEN [email protected] 3/13/2021 10:54:48 AM SENT AMADEO MARCELORIVERA [email protected] 3/13/2021 10:54:48 AM SENT ALYSSA PEREZ [email protected] 3/13/2021 10:54:48 AM SENT