PD-0097-15
PD-0097-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/23/2015 11:00:32 AM
Accepted 1/29/2015 10:46:03 AM
No._________________ ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NICHOLAS STEPHEN LLOYD, §
APPELLANT §
§ January 29, 2015
V. §
§
THE STATE OF TEXAS, §
APPELLEE §
MOTION FOR EXTENSION OF TIME TO PETITION FOR
DISCRETIONARY REVIEW
COMES NOW, The State of Texas, by and through the Criminal District
Attorney of Collin County, Greg Willis, and tenders, pursuant to Texas Rule of
Appellate Procedure 68.2(c), this motion for an extension of time to file petition
for discretionary review. In support of this motion, the State would show the
following:
I.
The Court below is the Fifth District Court of Appeals. The style and
number of the case below is Nicholas Stephen Lloyd v. State, No. 05-13-01004-
CR. The trial court is the 401st Judicial District Court of Collin County
II.
Appellant was convicted of felony driving while intoxicated and sentenced
to eight years’ confinement in the Texas Department of Criminal Justice. CR 78.
The trial court entered an affirmative finding of a deadly weapon.CR 78.
III.
On December 22, 2014, the Fifth District Court of Appeals reversed the
conviction and remanded the case for a new trial in a published opinion. The court
of appeals held that the warrantless blood draw pursuant to Section 724.012 of the
Transportation Code violated the Fourth Amendment pursuant to this Court’s
opinion in State v. Villareal, No. PD-0306 (Tex. Crim. App. Nov. 26, 2014). Lloyd
v. State, No. 05-13-01004-CR at *7 (Tex. App.—Dallas Dec. 22, 2014, no pet. h.).
The court of appeals also rejected the State’s exigent circumstances argument. Id.
No motion for rehearing was filed. Appellant has had bail set by the court of
appeals pursuant to article 44.04(h) of the Code of Criminal Procedure.
IV.
This Court’s decision in Villareal is not yet final. According to this Court’s
records, a motion for rehearing is pending. Moreover, this Court’s records reflect
that other cases involving the application of Missouri v. McNeeley, 133 S.Ct. 1552
(2013), in Texas are currently pending on discretionary review in this Court.
V.
The State has good cause to seek this extension. Undersigned counsel has
substantial management duties related to the Appellate Division of the Collin
County District Attorney’s Office, including assigning, editing, and reviewing
criminal appeals and post-conviction writs of habeas corpus as well as providing
trial support for the prosecutors litigating criminal cases in seven district courts
and six county courts at law. Counsel is also a special prosecutor in a death
penalty case currently pending on motion for new trial in Kaufman County, State
of Texas v. Eric Lyle Williams, No. 32021-422.
VI.
The petition for discretionary review was due to be filed January 21, 2015.
Tex. R. App. P. 68.2(a). This motion for extension is timely if filed on or before
February 5, 2015. Tex. R. App. P. 68.2(c). The State requests an extension of
thirty days in which to file its petition for discretionary review, until February 20,
2015.
WHEREFORE, premises considered, the State respectfully requests that the
court grant an extension of time of thirty days for the State to file its brief petition
for discretionary review, until February 20, 2015.
Respectfully submitted,
Greg Willis
Criminal District Attorney
/s/ John R. Rolater, Jr.
John R. Rolater, Jr.
Assistant District Attorney
State Bar No. 00791565
2100 Bloomdale Rd., Ste. 200
McKinney, Texas 75071
(972) 548-4323
(214) 491-4860
CERTIFICATE OF SERVICE
A true copy of this Motion has been electronically served on counsel for
appellant, Stephanie Hudson, at smhudson@gmail.com, on this the 23rd day of
January, 2015.
/s/ John R. Rolater, Jr.
John R. Rolater, Jr.