ACCEPTED
03-15-00153-CR
4518664
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/16/2015 4:45:21 PM
JEFFREY D. KYLE
CLERK
APPELLATE CAUSE NO. 03-15-00153-CR
(TRIAL COURT CAUSE NO. CR2013-267)
FILED IN
3rd COURT OF APPEALS
THE STATE OF TEXAS § IN THE COURTAUSTIN,
OF APPEALS
TEXAS
§ 3/16/2015 4:45:21 PM
§ JEFFREY D. KYLE
V. § Clerk
THIRD JUDICIAL DISTRICT
§
FRANCES ANITA ROBINSON, §
Defendant § FOR THE STATE OF TEXAS
COVER - APPLICATION FOR STAY PENDING DISPOSITION OF
APPEAL
TO THE HONORABLE CLERK OF SAID COURT:
Now comes the State of Texas, Appellant in said cause pursuant to Article
44.01 of the Code of Criminal Procedure, and submits the attached Application for
Stay in the Court of Appeals. Said Application was originally filed in the District
Court, following the procedure from a prior State’s Appeal. Please present the
attached Application for Stay to the Honorable Court of Appeals.
Respectfully submitted,
/s/ Joshua D. Presley
Joshua D. Presley
SBN: 24088254
Assistant District Attorney
150 N. Seguin Avenue, Ste. #307
New Braunfels, Texas 78130
(830) 221-1300
Fax (830) 608-2008
E-mail: preslj@co.comal.tx.us
Attorney for the State
1
CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
hereby certify that a true and correct copy of the attached Application for Stay
Pending Disposition of Appeal was sent to FRANCIS ANITA ROBINSON’s
attorney of record in this matter:
Mr. Charles Sullivan
csullivan@lawcsullivan.com
308 Campbell Dr.
Canyon Lake, TX 78133
Fax: 210-579-6448
Attorney for Appellee on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov
on this the 16th day of March, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
2
NO. _________________
TRIAL COURT CAUSE NO. CR2013-267
THE STATE OF TEXAS §
§
§
v. § THIRD JUDICIAL DISTRICT
§
FRANCES ANITA ROBINSON, §
Defendant § FOR THE STATE OF TEXAS
APPLICATION FOR STAY PENDING DISPOSITION OF APPEAL
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellant in said cause pursuant to Article
44.01 of the Code of Criminal Procedure, by and through its Criminal District
Attorney of Comal County, Jennifer Tharp, and requests this Honorable Court to
stay all proceedings in the above-styled and -numbered cause pending disposition
of a pre-trial appeal in said cause. See Tex. Code Crim. Proc. Ann. art. 44.0 1(a)( 5),
(e). In support of said Application, the State would show unto the Court the
following:
I.
The Defendant/Appellee, FRANCES ANITA ROBINSON, has been
charged by indictment with Intoxication Manslaughter with a Vehicle, a second-
degree felony.
CERTIFIED TO BE A TRUE AND
CORRECT ;J.~Y,
1 ~-If.~
HEATHER N. KELLAR
COMAL COUNTY
DISTR1f CbERK
PAGE- o!{.Q_
II.
On February 18, 2015, the District Court Judge sitting in the 20th Judicial
District Court of Comal County, Texas, the Honorable Bruce Boyer, granted
Appellee's "Motion to Suppress" and signed the Order to Suppress Blood Test
Analysis Results.
III.
On March 10,2015, the Criminal District Attorney for Comal County, Texas
filed a Notice of Appeal and included a Certificate of Appeal in the instant Cause.
See Exhibit A. March 10, 2015 is within twenty days after the trial court's order
upon which the State could file this appeal pursuant to 44.01(d) of the Texas Code
of Criminal Procedure and Rule 4.l(a) ofthe Texas Rules of Appellate Procedure.
IV.
This Application for Stay is filed pursuant to article 44.0l(e) of the Texas
Code of Criminal Procedure.
V. PRAYER
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays
that all further proceedings in the State of Texas vs. FRANCES ANITA
ROBINSON, trial court cause number CR2013-267, be stayed until such time as
the appeal in said case be disposed by this Honorable Court.
2
3
THE STATE OF TEXAS §
COUNTY OF COMAL §
BEFORE ME, the undersigned authority, on this day personally appeared
Jennifer Tharp, the elected Criminal District Attorney of Comal County, Texas,
who is the attorney for the State of Texas, and swore that the statements contained
in the above and foregoing Application for Stay Pending Disposition of Appeal are
true and correct.
4
CERTIFICATE OF SERVICE
I, Jennifer Tharp, the Criminal District Attorney for Comal County, Texas,
hereby certify that a true and correct copy of the above and foregoing Application
for Stay Pending Disposition of Appeal was sent to FRANCIS ANITA
ROBINSON's attorney of record in this matter:
Mr. Charles Sullivan
308 Campbell Dr.
Canyon Lake, TX 78133
Fax:210-579-6448
Attorney for Appellee on Appeal
By fax to the above-listed number on this the lOth day of March, 2015.
CERTIFIED TO BE A TRUE AND
(0RRECT COPY
5 ~"H.~
HEATHER N. KELLAR
COMAL COUNTY
orsrrgcLER~
PAGE
-
OFIQ
EXHIBIT A
6
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CAUSE NO. CR2013-267 ~~ ;; 0
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THE STATE OF TEXAS § IN THE DISTRI ~1~0UR.t ~
§ ~ ~ S::Cl
§
V. § 207™ JUDICIAL DISTRICT
§
FRANCES ANITA ROBINSON, §
Defendant § COMAL COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the State of Texas, by and through the Comal County
Criminal District Attorney, Jennifer Tharp, and gives Notice of Appeal in this
Cause in order to appeal the Trial Court's Order of February 18, 2015, wherein the
Court granted the Motion to Suppress filed by Defendant/Appellee.
I.
The Trial Court signed the Order to Suppress Blood Test Analysis Results
on February 18, 2015. The Comal County Criminal District Attorney's Office
received notice that the evidence had been suppressed on March 5, 2015, through a
letter from the Court dated February 23, 2015.
II.
The State desires to appeal said order. The State's Notice of Appeal is due to
be filed on or before the expiration of twenty (20) days, or by the end of the next
1
day which is not a Saturday, Sunday or legal holiday. In this case, said Notice is
due to be filed by the end of March 10, 20 15.
III.
CERTIFICATE OF APPEAL
I, Jennifer Tharp, the Comal County Criminal District Attorney, further file
this Certificate of Appeal pursuant to article 44.01(a)(5) of the Texas Code of
Criminal Procedure.
As to the appeal of the February 18, 2015 Order to Suppress Blood Test
Analysis Results in Cause Number CR2013-267, styled The State of Texas v.
Frances Anita Robinson, I hereby certify that the appeal is not taken for the
purpose of delay and that the excluded evidence is of substantial importance in the
case.
Respectfully submitted,
(ACJQlDai.tX.US
---py.;,.,.;-rr.:rt-nitstrict Attorney
Comal County, Texas
Comal County Courthouse Annex
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130-5191
(830) 221-1300 Telephone
(830) 608-2008 Fax
2
THE STATE OF TEXAS §
COUNTY OF COMAL §
BEFORE ME, the undersigned authority, on this day personally appeared
Jennifer Tharp, the elected Criminal District Attorney of Comal County, Texas,
who is the attorney for the State of Texas, and swore that the statements contained
in the above and foregoing Notice of Appeal and Certificate of Appeal are true and
correct.
rp
SUBSCRIBED AND SWORN to b - ..:.-:.. . .C5-=4k-_-day
. of March,
Notary Public in and for th
State of Texas
3
CERTIFICATE OF SERVICE
I, Jennifer Tharp, the Criminal District Attorney for Comal County, Texas,
hereby certify that a true and correct copy of the above and foregoing Notice of
Appeal and Certificate of Appeal was sent to FRANCIS ANITA ROBINSON's
attorney of record in this matter:
Mr. Charles Sullivan
308 Campbell Dr.
Canyon Lake, TX 78133
Fax: 210-579-6448
Attorney for Appellee on Appeal
By fax to the above-listed number on this the 101h day ofMarch, 2015.
CERTIFIED TO BE A TRUE AND
~"ORRECT COPY
e
~-lt.~
HEATHER N. KEllAR
COMAL COUNTY
DISTRICT CLERK
PAGE_g:i OF-lSL_