PD-0253-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/24/2014 2:49:25 PM
December 29, 2014 Accepted 12/29/2014 8:32:53 AM
ABEL ACOSTA
CLERK
Motion for Rehearing
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, the State of Texas, Appellee in the above styled and
numbered cause, by and through its elected District Attorney, and respectfully
enters this Motion for Rehearing, pursuant to Rule 79.1, Tex.R.App.Pro., and
would show the Court that on December 10, 2014, the Court reversed the
judgment of the Court of Appeals, and remanded the case to conduct a harm
analysis. This motion for rehearing is timely filed if presented or post-marked
on or before December 29, 2014.
Appellee would respectfully show the Court that it erred in the manner in
which it resolved the question before the Court. Rehearing should be granted.
Prayer
WHEREFORE PREMISES CONSIDERED, the State of Texas respectfully
prays this Honorable Court will grant its Motion for Rehearing, and upon further
review, will affirm the judgment of the Court of Appeals.
Respectfully submitted,
/s/
________________________________
Art Bauereiss
District Attorney
State Bar No. 01921800
eMail: abauereiss@angelinacounty.net
P.O. Box 908
Lufkin, Texas 75901
(936) 632-5090 phone
(936) 637-2818 fax
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using WordPerfect™ X7
software, contains 141 words, excluding those items permitted by Rule 9.4 (i)(1),
Tex.R.App.Pro., and complies with Rules 9.4 (i)(2)(B) and 9.4 (i)(3),
Tex.R.App.Pro.; and (2) on December 24, 2014, a true and correct copy of the
above and foregoing “Motion for Rehearing” was transmitted via the eService
function on the State’s eFiling portal, to Robert A. Morrow
(ramorrow15@gmail.com), Heather M. Lytle (heather@lytle-law.com) and Amy
Martin (amymartinlaw@gmail.com), attorneys of record for Appellant.
/s/
___________________________________
Art Bauereiss