NUMBER 13-13-00335-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THE STATE OF TEXAS, Appellant,
v.
JAVIER RODRIGUEZ, Appellee.
____________________________________________________________
On Appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Order Per Curiam
This appeal has been briefed and set for submission and oral argument on March
5, 2014. Texas Rule of Appellate Procedure 38.7 provides that “[a] brief may be
amended or supplemented whenever justice requires, on whatever reasonable terms the
court may prescribe.” TEX. R. APP. P. 38.7. On January 13, 2014, the United States
Supreme Court granted a petition for writ of certiorari and vacated the judgment in Aviles
v. State, 385 S.W.3d 110 (Tex. App.—San Antonio 2012, pet. ref'd), for further
consideration in light of Missouri v. McNeely, 133 S. Ct. 1552, 1556, 185 L.Ed.2d 696
(2013). See Aviles v. Tex., No. 13-6353, 2014 WL 102362 (U.S. Jan. 13, 2014). In
addition, this Court issued an opinion involving the constitutionality of the mandatory
blood draw provisions of Texas Transportation Code section 724.012(b)(3). State v.
Villarreal, No. 13-13-00253-CR (Tex. App—Corpus Christi, January 23, 2014, no pet. h.).
Given the dimension of the constitutional issue raised in this case and the intervening
changes in the legal landscape since briefing on this case was completed, the Court has
determined that additional briefing is necessary for the proper submission of this cause
and to ensure a productive oral argument. Accordingly, the Court hereby requests
supplemental briefing from the parties regarding: (1) the impact on this case, if any, of
the United States Supreme Court’s action in granting certiorari and vacating Aviles v.
State, 385 S.W.3d 110 (Tex. App.—San Antonio 2012, pet. ref'd); and (2) the impact on
this case, if any, of this Court’s opinion in State v. Villarreal, No. 13-13-00253-CR,
concerning Texas Transportation Code section 724.012(b)(3).
Appellant’s supplemental brief shall be filed by Monday, February 24, 2014, and
appellee’s supplemental brief shall be filed by Monday, March 3, 2014.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of February, 2014.
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