No. 08-20-00217-CR

In the Court of Appeals

Eighth District of Texas at El Paso

CHRISTOPHER CORTEZ THOMAS, APPELLANT

v.

THE STATE OF TEXAS

ON APPEAL FROM THE CRIMINAL DISTRICT COURT NUMBER FOUR

DALLAS COUNTY, TEXAS

TRIAL COURT CAUSE NO. F19-51345-K

STATE’S RESPONSE TO APPELLANT’S MOTION TO TRANSFER CASE 

BACK TO THE COURT OF APPEALS-FIFTH DISTRICT AT DALLAS

JOHN CREUZOT

Criminal District Attorney

Dallas County, Texas

JESSIE R. ALLEN

Assistant District Attorney

Bar No. 24040412

133 N. Riverfront Blvd., LB-19

Dallas, Texas 75207

jessie.allen@dallascounty.org

(214) 653-3625

(214) 653-3643 fax

08-20-00217-CR

ACCEPTED

08-20-00217-CR

EIGHTH COURT OF APPEALS

EL PASO, TEXAS

3/15/2021 10:34 AM

ELIZABETH G. FLORES

CLERK

 FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 3/15/2021 10:34:20 AM ELIZABETH G. FLORES Clerk
2

To the Honorable Court of Appeals:

Pursuant to this Court’s March 10, 2021 letter requesting a response from the 

State of Texas, the State makes this response to Appellant’s March 8, 2021 motion 

seeking a transfer of this case to the Court of Appeals for the Fifth District of Texas 

at Dallas.

I.

On September 30, 2020, Appellant pleaded guilty to the offense of aggravated 

assault in case number F19-51345-K. He simultaneously pleaded guilty to the 

offenses of compelling prostitution and trafficking of persons in case numbers F19-

75068-K and F19-75069-K respectively. In each case, the trial court found Appellant 

guilty and sentenced him to thirty years’ confinement. The same day, Appellant filed 

notices of appeal in all three cases.

On October 13, 2020, pursuant to its authority under section 73.001 of the 

Texas Government Code, the Supreme Court of Texas issued a transfer order 

providing that certain cases be transferred from the Fifth Court of Appeals District 

to this Court:

Except as otherwise provided by this Order, the first 12 cases filed in 

the Court of Appeals for the Fifth Court of Appeals District, Dallas, 

Texas, on or after October 2, 2020, are transferred to the Eighth Court 

of Appeals District, El Paso, Texas.

. . .
3

For purposes of determining the effective date of transfers pursuant to 

this order, “filed” in a court of appeals means the receipt of notice of 

appeal by the court of appeals.

Transfer of Cases from Courts of Appeals, Misc. Docket No. 20-9117 (Tex. Oct. 13, 

2020) (Exhibit A). The transfer order also provided instructions for the transfer of 

companion cases:

In effectuating this Order, companion cases shall either all be 

transferred or shall all be retained by the Court in which filed, as 

determined by the Chief Justice of the transferring Court, provided that 

cases which are companions to any case filed before the respective 

operative dates of transfer specified above, shall be retained by the 

Court in which originally filed.

Id.

On October 14, 2020, the Fifth Court of Appeals received Appellant’s notice 

of appeal in case number F19-51345-K and docketed that case as No. 05-20-00900-

CR.

On October 19, 2020, the Fifth Court of Appeals completed its transfer of 

cases to this Court (Exhibit B).

1 Appellant’s case was the 12th case transferred to 

this Court (Exhibit B). 

 

1 Based on a TAMES search for cases filed in the Fifth Court of Appeals beginning on October 2, 

2020, it appears that the court did not transfer the first 12 consecutive cases. The reason the court 

skipped some cases is immediately apparent. For instance, original proceedings are exempt from 

transfer, and cases with companions that would have caused the number of cases transferred to 

exceed 12 are supposed to be retained.
4

On October 28, 2020, after the court had already completed its transfer of 

cases, it received Appellant’s notices of appeal in his companion cases designated 

as No. 05-20-00941-CR (F19-75068-K) and No. 05-20-00942-CR (F19-75069-K).

II.

Because Appellant’s companion cases were not filed in the Fifth Court of 

Appeals by the time it had completed compliance with the transfer order, it was 

appropriate to transfer Appellant’s case. That being said, there is a clear design to 

keep companion cases together under both the Supreme Court’s transfer order and 

its general order for the transfer of cases. See Policies for Transfer of Cases Between 

Courts of Appeals, Misc. Docket No. 06-9136 (Tex. Sept. 22, 2006) (Exhibit C).

2

Had the Fifth Court of Appeals known about the companion cases on October 19th, 

2020, it probably would not have transferred Appellant’s case to this Court. 

Accordingly, Appellant’s case should be transferred back to the Fifth Court of 

Appeals.

III.

Neither this Court nor the Fifth Court of Appeals has authority to transfer 

appellate cases. See Miles v. Ford Motor Co., 914 S.W.2d 135, 137 (Tex. 1995) (per 

 

2 Appellant’s cases are “companion cases” because they are appeals arising out of the same trial 

court proceeding. Misc. Docket No. 06-9136, ⁋ 1.03.
5

curiam); Tex. Gov’t Code Ann. § 73.001. The Supreme Court, however, has 

provided litigants with the procedures they should follow to seek transfer of a case:

4.01 Any party to a case transferred for docket equalization purposes 

may file a motion, pursuant to the procedures described in this 

section, with the court of appeals to which the case has been 

transferred stating good cause for why the case should be returned 

to the court of appeals in which the appeal was originally filed. 

The procedures stated in this subsection shall also govern a 

party’s motion to transfer a case from one court of appeals to 

another pursuant to the Supreme Court’s authority under 

Government Code Chapter 73.

4.02 A motion to transfer or to re-transfer shall be addressed to the 

Supreme Court, but filed simultaneously in the court in which the 

case is pending as well as in the court to which the movant 

requests transfer. The motion should request the Chief Justices of 

the respective courts of appeals, after considering the transfer 

request, to forward a copy of the motion to the Supreme Court, 

along with a letter from each of the two Chief Justices stating his 

or her concurrence or non-concurrence with the request to transfer 

the case. Any briefing by a party regarding the transfer motion 

also should be simultaneously filed in both courts of appeals and 

forwarded to the Supreme Court.

4.03 The Chief Justices of the two courts of appeals involved should 

independently consider the transfer request and forward to the 

Supreme Court a letter commenting thereon within ten business 

days after receipt of the transfer motion, unless exceptional 

circumstances require additional time.

4.04 After receipt of a motion and letters from the Chief Justices of 

both courts of appeals commenting on the requested transfer, 

along with any briefs of the parties forwarded by the court of 

appeals, the Supreme Court will consider the motion.

Misc. Docket No. 06-9136 (Exhibit C).
6

Appellant’s motion does not appear to comply with the requirements of Misc. 

Docket No. 06-9136.3 Moreover, as of the filing of this response, it does not appear 

that Appellant has filed a duplicate motion in the Fifth Court of Appeals. 

Nonetheless, this Court is not required to wait for Appellant to file a duplicate motion 

in the Fifth Court of Appeals before it acts in accordance with its duties under Misc. 

Docket No. 06-9136.

IV.

In accordance with Misc. Docket No. 06-9136, the State prays the Chief 

Justice concur with Appellant’s request to transfer this case back to the Court of 

Appeals for the Fifth District of Texas at Dallas and forward Appellant’s motion, 

this response, and the Chief Justice’s concurrence to the Supreme Court for 

consideration.

 

3 The motion is not addressed to the Supreme Court of Texas and does not request the Chief Justice 

of this Court to forward the motion to the Supreme Court with a letter stating the Chief Justice’s 

position on the transfer request. Appellant’s motion appears to ask this Court to take unilateral 

action to transfer his case back to the Fifth Court of Appeals.
7

Respectfully submitted,

JOHN CREUZOT

Criminal District Attorney

Dallas County, Texas

/s/ Jessie R. Allen

JESSIE R. ALLEN

Assistant District Attorney

Bar No. 24040412

133 N. Riverfront Blvd., LB-19

Dallas, Texas 75207

jessie.allen@dallascounty.org

(214) 653-3625

(214) 653-3643 fax
8

CERTIFICATE OF SERVICE

I certify that I have electronically served this document on John Tatum

(jtatumlaw@gmail.com), 8144 Walnut Hill Lane, Suite 1190, Dallas, Texas 75231, 

lead counsel for Christopher Cortez Thomas, Appellant, by transmitting it to the 

efile.txcourts.gov electronic filing service provider on March 15, 2021.

/s/ Jessie R. Allen

Jessie R. Allen
Exhibit A

Misc. Docket No. 20-9117

Transfer of Cases from

Courts of Appeals

October 13, 2020
IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 20-9117 

________________________________________

TRANSFER OF CASES FROM

COURTS OF APPEALS

________________________________________ 

ORDERED:

I.

Except as otherwise provided by this Order, the first 38 cases filed in the Court of Appeals 

for the Third Court of Appeals District, Austin, Texas, on or after September 25, 2020, are 

transferred to the Court of Appeals for the Seventh Court of Appeals District, Amarillo, Texas, 

and the next 12 cases filed in the Court of Appeals for the Third Court of Appeals District, Austin, 

Texas are transferred to the Court of Appeals for the Eighth Court of Appeals District, El Paso, 

Texas. 

II. 

Except as otherwise provided by this Order, the first 13 cases filed in the Court of Appeals 

for the Fourth Court of Appeals District, San Antonio, Texas, on or after October 2, 2020, are 

transferred to the Thirteenth Court of Appeals District, Corpus Christi, Texas.

III. 

Except as otherwise provided by this Order, the first 12 cases filed in the Court of Appeals 

for the Fifth Court of Appeals District, Dallas, Texas, on or after October 2, 2020, are transferred 

to the Eighth Court of Appeals District, El Paso, Texas.

IV.

Except as otherwise provided by this Order, the first 15 cases filed in the Court of Appeals 

for the Tenth Court of Appeals District, Waco, Texas, on or after September 25, 2020, are 

transferred to the Court of Appeals for the Thirteenth Court of Appeals District, Corpus Christi, 

Texas, and the next 15 cases filed in the Court of Appeals for the Tenth Court of Appeals District, 

Waco, Texas are transferred to the Court of Appeals for the Sixth Court of Appeals District, 

Texarkana, Texas. 
Misc. Docket No. 20-9117 Page 2 

For purposes of determining the effective date of transfers pursuant to this order, “filed” in 

a court of appeals means the receipt of notice of appeal by the court of appeals.

In effectuating this Order, companion cases shall either all be transferred, or shall all be 

retained by the Court in which filed, as determined by the Chief Justice of the transferring Court, 

provided that cases which are companions to any case filed before the respective operative dates 

of transfer specified above, shall be retained by the Court in which originally filed.

It is specifically provided that the cases ordered transferred by this Order shall, in each 

instance, not include original proceedings; appeals in cases involving termination of parental 

rights; and those cases that, in the opinion of the Chief Justice of the transferring court, contain 

extraordinary circumstances or circumstances indicating that emergency action may be required.

The transferring Court of Appeals will make the necessary orders for transfer of the cases 

as directed hereby, and will cause the Clerk of that Court to transfer the appellate record in each 

case, and certify all orders made, to the court of appeals to which the cases are transferred. When 

a block of cases is transferred, the transferring court will implement the transfer of the case files 

in groups not less than once a month, or after all the requisite number of cases have been filed. 

Upon completion of the transfer of the requisite number of cases ordered transferred, the 

transferring Court shall submit a list of the cases transferred, identified by style and number, to the 

State Office of Court Administration, and shall immediately notify the parties or their attorneys in 

the cases transferred of the transfer and the court to which transferred. 

The provisions of Misc. Docket Order No. 06-9136 shall apply except those regarding the 

types of cases subject to transfer that are specifically addressed above. 

SO ORDERED this 13th day of October, 2020. 
Nathan L. Hecht, Chief Justice 

Eva M. Guzman, Justice 

Debra H. Lehrmann, Justice 

Jeffrey S. Boyd, Justice 

John P. Devine, Justice 

James D. Blacklock, Justice 

J. Brett Busby, Justice

Jane N. Bland, Justice 

Misc. Docket No. 20-9117

Page 2
Exhibit B

Transmittal Certification

October 19, 2020
In The Court of Appeals 

for the 

Fifth Judicial District of Texas 

at Dallas 

TRANSMITTAL CERTIFICATION 

By order of the Supreme Court of Texas, dated October 13, 2020, the first 12 cases filed 

on or after October 2, 2020 now on the docket of this Court are transferred to the Court of 

Appeals for the Eig hth Judicial District, El Paso, Texas, and the undersigned Clerk of this Court 

certifies that all necessary orders and papers in said cases are herewith transferred to the Clerk of 

the Court of Appeals for the Eighth Judicial District. 

NUMBER 

1. 05-20-00875-CY 

2. 05-20-00877-CY 

3. 05-20-00878-CV 

4. 05-20-00879-CV 

5. 05-20-00882-CV 

6. 05-20-00883-CY 

7. 05-20-00885-CY 

8. 05-20-00886-CV 

9. 05-20-00888-CR 

10. 05-20-00889-CR 

11. 05-20-00890-CV 

12. 05-20-00900-CR 

STYLE OF CASE 

In Re: Guardianship of John V. Walter 

Felicia Donias v. Old American County Mutual Fire Insurance Co 

Biz Friend, LLC and 4555 Beltline, LLC v. Mahaley Transport 

Yumin Zhao d/b/a STA Advertising v. Sea Rock Inc. d/b/a Zuki 

Zachariah C. Manning v. Dallas Independent School District 

Zachariah C. Manning v. Da llas Independent School District 

Clu·istine Flores Desio v. Mike DeIBosque d/b/a Injury and Rehab 

Carrie Monroe v. Uday Shah 

Dalton Dewayne Hunt v. State 

Dalton Dewayne Hunt v. State 

Pulak K. Barua v. Mabank Independent School District 

Christopher Cortez Thomas v. State 
1, LISA MATZ, Clerk of the Court of Appeals for the Fifth District of Texas at Dallas, 

do hereby certify that the foregoing pages contain a true and correct list of the cases transferred 

to the Court of Appeals for the Eighth District of Texas at El Paso, Texas as previously ordered 

by the Supreme Court of Texas as the same appears ofrecord in the minutes of this Court. 

Given under my hand and seal of said Court at office in Dallas, this the 19th day of 

October, 2020. 

dN 1lta fs 

Lisa Matz 

Clerk 
Exhibit C

Misc. Docket No. 06-9136

Policies for Transfer of Cases Between

Courts of Appeals

September 22, 2006
IN THE SUPREME COURT OF TEXAS 

Misc. Docket No. 06-_---.::=:.-'="'-= 

POLICIES FOR TRANSFER OF CASES BETWEEN 

COURTS OF APPEALS 

ORDERED that: 

The transfer ofcases between courts of appeals, for the equalization ofdockets as mandated 

by the Legislature in the General Appropriations Act, and for other good cause pursuant to the 

Supreme Court's authority under Chapter 73 of the Government Code, will in general be in 

accordance with these guidelines. This order supercedes and vacates Misc. Docket No. 96-9224 

(Oct. 24, 1996) and any other Supreme Court orders regarding policies for the transfer of cases 

between courts of appeals. 

General Guidelines for Docket Equalization Transfers 

1.01 The decision to transfer cases for docket equalization purposes will be made by the Supreme 

Court based on the relative number of cases filed in each ofthe courts of appeals compared 

to the statewide average per justice of cases filed, adjusted for historical case filing data. 

Other factors which may be considered include the availability of appropriated funds for 

reimbursing the travel and living expenses ofthe court to which cases are transferred to hear 

oral arguments at the location of the transferring court and the past or expected absence of 

justices from a court due to illness, disqualification, absence, or good cause. 

1.02 Cases transferred shall not include original proceedings; appeals from interlocutory orders; 

appeals from denial ofwrits ofhabeas corpus; appeals in extradition cases; appeals regarding 

the amount of bail set in a criminal case; appeals from trial courts and pretrial courts in 

Page 1 of5 

- (} ') v .~. '-' 
multidistrict litigation pursuant to Rule 13.9(b) ofthe Rules ofJudicial Administration; and 

those cases that, in the opinion of the Chief Justice of the transferring court, contain 

extraordinary circumstances or circumstances indicating that emergency action may be 

required. 

1.03 Any case that is a companion to a case transferred for docket equalization purposes shall also 

be transferred to the same court ofappeals if, for the case designated for transfer, appeal was 

perfected prior to appeal being perfected in any companion cases. If the case for which 

appeal was first perfected was not designated for transfer for docket equalization purposes 

but one or more later-perfected companion cases is designated for such transfer, the firstperfected appeal and any companion cases shall be retained by the court in which originally 

filed. For purposes ofthis provision, companion cases are appeals that arise out ofthe same 

trial-court proceeding and are not otherwise excluded from docket equalization transfers 

under §1.02. 

1.04 The transferring court, through its clerk, shall transfer the appellate record in each case, and 

certify all orders made, to the court of appeals to which the cases are transferred. When a 

block of cases is transferred, the transferring court will implement the transfer of the case 

files in groups not less than once a month, or after all the requisite number ofcases have been 

filed, if that number of new filings is reached before 30 days after the transfer is effective. 

1.05 The transferring court shall immediately notify the parties or their attorneys in the cases 

transferred of the transfer and the court to which transferred. 

1.06 Upon completion ofthe transfer of a group of the cases ordered transferred, the transferring 

court shall submit a list ofthe cases transferred, identified by style and number, to the Office 

of Court Administration. 

Transfer of Future-Filed Cases for Docket Equalization Purposes 

2.01 The Supreme Court may order transferred a block of cases consisting of a specified number 

of the cases next filed in the transferring court on and after a certain date in the future. The 

order of the Supreme Court may specify that the cases be all the next civil or all the next 

criminal cases filed, or all the next cases filed, regardless of whether civil or criminal. When 

the Supreme Court orders the transfer of any case for which appeal has not been perfected 

prior to the date of the transfer order, until the transfer of the first group of cases has been 

completed and the notices required by paragraph 1.05 have been issued, the existence and 

content of a proposed or final transfer order of the Supreme Court shall be a confidential 

record of the judiciary until the transfers described therein have been completed, and until 

Page 2 of 5 
the completion ofall such transfers no justice or employee ofthe court from which cases are 

transferred, the court to which cases are transferred, the Supreme Court, the Office ofCourt 

Administration, or other employee of the judicial branch of government shall release or 

divulge any information concerning the transfer, except as necessary to effect transfer ofthe 

cases. Any order of the Supreme Court ordering transfer of one or more cases next filed in 

the transferring court on and after a certain date in the future shall be filed separate from any 

transfer order ordering transfer of one or more cases next filed in the transferring court on 

and after a certain date in the past, i.e., prior to the date the transfer order is signed. 

2.02 The transferring court shall make the necessary orders for the transfer. 

Transfer of Blocks of Pending Cases 

3.01 Upon the agreement of the Chief Justices of two courts of appeals, the Supreme Court may 

order the transfer ofa specified number ofcases pending in the transferring court. The Chief 

Justices shall communicate their agreement to the Supreme Court along with an agreed 

criteria for the selection ofthe cases to be transferred, such as the oldest pending cases ready 

for oral argument but not yet set. 

3.02 Upon approval by the Supreme Court, the Chief Justice of the proposed transferring court 

shall communicate to the Office ofCourt Administration a sequential list beginning with the 

oldest case meeting the agreed criteria proposed to be transferred, listed by docket number 

and style. In addition to those cases specified by paragraphs 1.02 and 1.03, cases may not 

be placed on this list if any of the following criteria apply: 

3.021 the case has been set for oral argument within the next thirty days and all 

parties have been notified of the date of the setting; 

3.022 the clerk has been notified by both parties that a settlement has been reached 

in the case and that an agreed order is being prepared for submission to the 

court; or 

3.023 other similar circumstances exist that counsel against transfer of a particular 

case which would normally be included in the transfer order. 

3.03 The transferring court shall make the necessary orders for the transfer ofthe specified list of 

cases. 

Page 3 of 5 

13'3 
Procedure for Requesting Re-Transfer of Individual Pending 

Cases Transferred for Docket Equalization, and for Requesting 

Transfer of Cases Pursuant to Government Code Chapter 73. 

4.01Any party to a case transferred for docket equalization purposes may file a motion, pursuant 

to the procedures described in this section, with the court of appeals to which the case has 

been transferred stating good cause for why the case should be returned to the court of 

appeals in which the appeal was originally filed. The procedures stated in this section shall 

also govern a party's motion to transfer a case from one court of appeals to another pursuant 

to the Supreme Court's authority under Government Code Chapter 73. 

4.02A motion to transfer or to re-transfer shall be addressed to the Supreme Court, but filed 

simultaneously in the court in which the case is pending as well as in the court to which the 

movant requests transfer. The motion should request the Chief Justices of the respective 

courts of appeals, after considering the transfer request, to forward a copy of the motion to 

the Supreme Court, along with a letter from each ofthe two ChiefJustices stating his or her 

concurrence or non-concurrence with the request to transfer the case. Any briefing by a party 

regarding the transfer motion also should be simultaneously filed in both courts of appeals 

and forwarded to the Supreme Court. 

4.03The Chief Justices of the two courts of appeals involved should independently consider the 

transfer request and forward to the Supreme Court a letter commenting thereon within ten 

business days after receipt of the transfer motion, unless exceptional circumstances require 

additional time. 

4.04After receipt of a motion and letters from the Chief Justices of both courts of appeals 

commenting on the requested transfer, along with any briefs of the parties forwarded by the 

courts of appeals, the Supreme Court will consider the motion. 

SIGNED this 22-~ day of ~2006.

Page 4 of5 

36 
Paul W. Green, Justice 

Don R. Willett, Justice 

Misc. Docket No. 06- Page 5 of5 
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.

Jessie Allen on behalf of Jessie Ray Allen

Bar No. 24040412

Jessie.Allen@dallascounty.org

Envelope ID: 51466452

Status as of 3/15/2021 10:40 AM MST

Associated Case Party: Christopher Thomas

Name

John Gregory Tatum

BarNumber

19672500

Email

jtatumlaw@gmail.com

TimestampSubmitted

3/15/2021 10:34:20 AM

Status

SENT