PD-0312-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/8/2015 10:17:26 AM
No. PD-0312-15 Accepted 6/8/2015 4:36:17 PM
ABEL ACOSTA
CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
ROBERT SCOTT SHEARER, Petitioner/Appellant
V.
THE STATE OF TEXAS, Respondent/Appellee
Petition for Discretionary Review
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From the 10 Court of Appeals Cause No. 10-14-00031-CR;
Appealed from County Court at Law No. 2
Brazos County, Texas
Trial Court Cause Number 5054-A
STATE’S SUPPLEMENTAL REPLY TO PETITION FOR DISCRETIONARY REVIEW
THE STATE OF TEXAS
RODNEY W. ANDERSON
Brazos County Attorney
ERIC K. QUISENBERRY
Assistant County Attorney
Brazos County, Texas
June 8, 2015 300 E. 26th Street, Suite 1300
Bryan, Texas 77803
Telephone: (979) 361-4300
Fax: (979) 361-4312
State Bar No. 24077850
equisenberry@brazoscountytx.gov
Oral Argument Requested
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IDENTITIES OF PARTIES AND COUNSEL
APPELLANT: ROBERT SCOTT SHEARER
917 Franklin, Suite 230
Houston, Texas 77002
APPELLEE: THE STATE OF TEXAS
RODNEY W. ANDERSON
Brazos County Attorney
ERIC K. QUISENBERRY
Assistant County Attorney
300 E. 26th Street, Suite 1300
Bryan, Texas 77803
equisenberry@brazoscountytx.gov
STATE PROSECUTING ATTORNEY
209 W. 14th Street
Austin, Texas 78701
information@spa.texas.gov
TRIAL JUDGE: HON. JIM LOCKE
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TABLE OF CONTENTS
IDENTITIES OF PARTIES AND COUNSEL…………………………….………ii
TABLE OF CONTENTS………………………………………………………….iii
WITHDRAWAL OF PORTION OF ARGUMENT……………………..………...1
PRAYER…………………………………………………………………...………1
CERTIFICATE OF SERVICE……………………………………………………..2
CERTIFICATE OF COMPLIANCE……………………………………...………..3
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WITHDRAWAL OF PORTION OF ARGUMENT
In the State’s original Reply to Shearer’s Petition for Discretionary Review,
the State asserted Shearer’s petition to this Honorable Court was untimely. The
State has since learned that although Shearer requested a thirty-day extension in
this request, this Honorable Court granted a sixty-day extension. As a result,
Shearer’s petition was due on May 22, 2015, and the filing was not untimely.
The State’s argument regarding the untimeliness of Shearer’s petition is
therefore without merit. The State respectfully withdraws said argument and
regrets the oversight which led to this error.
The State respectfully withdraws its argument regarding the untimeliness of
Shearer’s Petition for Discretionary Review. The State maintains its positions
otherwise stated in its reply and requests the Court refuse Shearer’s Petition.
PRAYER
The State respectfully prays this Honorable Court refuse Shearer’s Petition
for Discretionary Review.
/s/ Eric K. Quisenberry____
ERIC K. QUISENBERRY
Assistant County Attorney
Brazos County, Texas
300 E. 26th Street, Suite 1300
Bryan, Texas 77803
Telephone: (979) 361-4300
Fax: (979) 361-4312
State Bar No. 24077850
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CERTIFICATE OF SERVICE
I, Eric K. Quisenberry, attorney for the State of Texas, do hereby certify that
a true and correct copy of the foregoing document was sent to the following on this
the 8th day of June, 2015.
R. SCOTT SHEARER
917 Franklin, Suite 230
Houston, Texas 77002
STATE PROSECUTING ATTORNEY
209 W. 14th Street
Austin, Texas 78701
information@spa.texas.gov
/s/ Eric K. Quisenberry___
Eric K. Quisenberry
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CERTIFICATE OF COMPLIANCE
At the request of the Court, I certify that this submitted filing complies with
the following requests of the Court:
1. This filing is labeled with or accompanied by the following information:
a. Case Name: ROBERT SCOTT SHEARER V. STATE OF TEXAS
b. The Docket Number: PD-0312-15
c. The Type of Brief: State’s Supplemental Reply to Petition for
Discretionary Review
d. Word Count: 637
e. The Word Processing Software and Version Used to prepare the filing:
Microsoft Office Word 2010
2. This disc or CD (or email attachment) contains only an electronic copy of
the submitted filing and does not contain any appendices, any portion of the
appellate record (other than a portion contained in the text of the filing)
hypertext links to other material, or any document that is not included in the
filing.
3. The electronic filing is free of viruses or any other files that would be
disruptive to the Court’s computer system. The following software, if any,
was used to ensure the filing is virus-free: Symantec Endpoint Protection.
4. I understand that a copy of this filing will be posted on the Court’s web site
and becomes part of the Court’s record.
5. Copies have been sent to all parties associated with this case.
/s/ Eric K. Quisenberry__
Eric K. Quisenberry
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