PD-0077-15
FILED IN
COURT OF CRIMINALAPPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 6/3/2015 5:23:46 PM
June 4, 2015 Accepted 6/4/2015 8:06:49 AM
ABEL ACOSTA
ABEL ACOSTA, CLERK No. PD-0077-15 CLERK
IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
STEVEN COLE, Appellant
V.
STATE OF TEXAS, Appellee
Appeal from Gregg County
*****
STATE'S REQUEST FOR ORAL ARGUMENT
*****
Lisa C. McMinn
State Prosecuting Attorney
Barl.D.No. 13803300
P.O.Box 13046
Austin, Texas 78711
information@spa.texas.gov
512/463-1660 (Telephone)
512/463-5724 (Fax)
No. PD-0077-15
IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
STEVEN COLE, Appellant
V.
STATE OF TEXAS, Appellee
*****
STATE'S REQUEST FOR ORAL ARGUMENT
*****
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State requests oral argument in this case and would show the Court the
following:
Tex. R. App. P. 75.2 states, "If a case is not designated for oral argument but
counsel desires oral argument, counsel may-within 30 days of the date of the clerk's
notice-petition the Court to allow oral argument. This petition must contain specific
reasons why oral argument is desired."
The State'spetitionfor discretionary review was accepted for filing onFebruary
20, 2015. The State did not originally request oral argument but now believes it is
necessary. It's Brief on the Merits is being filed contemporaneouslywith this motion,
and it also requests oral argument.
Oral argument is necessary because this case involves the same issue as State
v. Villarreal, _S.W.3d_No. PD-0306-14 (Tex. Crim. App. 2014) (reh'g granted).
The petition in this case was filed before rehearing was granted in Villarreal. In
addition, this case presents a ground that this Court has not previously granted-the
applicability ofTex. Code Crim. Proc. art. 38.23 to this issue. For these reasons, oral
argument would be helpful both in this case and for the Court's reconsideration of
Villarreal.
WHEREFORE, the State prays that this Court grant its request for oral
argument.
Respectfully submitted,
Isi Lisa C. McMinn
Lisa C. McMinn
State Prosecuting Attorney
Barl.D. No. 13803300
P.O. Box 13046
Austin, Texas 78701
information@spa.texas.gov
512/463-1660 (Telephone)
512-463-5724 (Fax)
CERTIFICATE OF SERVICE
A copy of the foregoing State's Request for Oral Argument has been e-served
or e-mailed on this the 3rd day of June, 2015 to:
Zan Colson Brown
Assistant District Attorney
101 East Methvin, Suite 333
Longview, Texas, 75601
zan.brown@co.gregg.tx.us
Ebb Mobley
P.O. Box 2309
Longview, Texas 75606
ebbmob^aol .com
Isl Lisa C. McMinn
Lisa C. McMinn
State Prosecuting Attorney