No. 08-19-00296-CR

IN THE COURT OF APPEALS 

EIGHTH DISTRICT OF TEXAS 

_____________________________________________________________ 

IN RE EL PASO COUNTY PUBLIC DEFENDER 

______________________________________________________________ 

DEFENDANT’S MOTION TO SUPPLEMENT BRIEF

______________________________________________________________ 

TRIAL COURT CAUSE NO. 20180D05116 

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 

08-19-00296-CR

ACCEPTED

08-19-00296-CR

EIGHTH COURT OF APPEALS

EL PASO, TEXAS

3/13/2021 10:54 AM

ELIZABETH G. FLORES

CLERK

 FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 3/13/2021 10:54:48 AM ELIZABETH G. FLORES Clerk ------------------------ VOID RG ------------------------ FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 3/15/2021 9:22:00 AM ELIZABETH G. FLORES Clerk
Page 2 of 3

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, PD1015-18, 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.
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Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER

By: /S/ Todd D. Morten

Deputy Public Defender, App. Div.

State Bar No. 24099592

500 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

TMorten@epcounty.com

Envelope ID: 51449590

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

Case Contacts

Name

DISTRICT ATTORNEYAPPEALS

TODD MORTEN

AMADEO MARCELORIVERA

ALYSSA PEREZ

BarNumber Email

daappeals@epcounty.com

TMorten@epcounty.com

ARivera@epcounty.com

AlyPerez@epcounty.com

TimestampSubmitted

3/13/2021 10:54:48 AM

3/13/2021 10:54:48 AM

3/13/2021 10:54:48 AM

3/13/2021 10:54:48 AM

Status

SENT

SENT

SENT

SENT