Opinion
No. 08-15-00261-CR
11-05-2015
THE STATE OF TEXAS, State, v. ARTURO RODRIGUEZ, Appellee.
Appeal from the Municipal Court of Appeals of El Paso County, Texas (TC# 14-MCA-3761) ORDER
Pending before the Court is the State's unopposed motion for leave to file a supplemental brief pursuant to TEX.R.APP.P. 38.7. This is an appeal from a decision of the El Paso Municipal Court of Appeals (MCA). Consequently, the record and briefs on appeal in the MCA constitute the record and briefs on appeal to the court of appeals. TEX.GOV'T CODE ANN. §30.00027(b)(West Supp. 2014). Courts of appeals, including this Court, have construed Section 30.0027(b) to mean that the parties are not permitted to file new or additional briefs. See Le v. State, 14-14-00747-CR, 2015 WL 3524294 at *1 n.2 (Tex.App.--Houston [14th Dist.] June 4, 2015, no pet.)(striking brief filed in the appellate court); Roman v. State, 08-13-00018-CR, 2014 WL 886842 (Tex.App.--El Paso March 5, 2014, no pet.).
An appellate court has discretion to permit a party to file a supplemental brief whenever justice requires and on whatever reasonable terms the court may prescribe. TEX.R.APP.P. 38.7. The sole basis of the State's motion is that additional briefing is required because the issues on appeal may be confusing. After reviewing the record and the briefs, we find that the briefs clearly state the facts and issues. The State's motion for leave to file a supplemental brief is DENIED.
IT IS SO ORDERED this 5th day of November, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.