ACCEPTED
03-13-00347-CR
5313413
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/18/2015 7:42:54 AM
JEFFREY D. KYLE
No. 03-13-00347-CR CLERK
IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL
DISTRICT OF TEXAS, AT AUSTIN FILED IN
3rd COURT OF APPEALS
The State of Texas AUSTIN, TEXAS
5/18/2015 7:42:54 AM
Appellant JEFFREY D. KYLE
Clerk
v.
Donna Marie Pryor
Appellee
On Appeal from Comal County in Case Number CR2012-208,
from the 207th District Court of Comal County
The Hon. Jack Robison, Judge Presiding
Motion for Rehearing
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Donna Marie Pryor, Appellant in the above
styled and numbered cause, and respectfully enters this Motion
for Rehearing, pursuant to Rule 49.1, Tex.R.App.Pro., and would
show the Court that on May 1, 2015, this Court reversed the
actions of the trial court and Court of Appeals in an unpublished
opinion. See Pryor v. State, No. 03-13-00347-CR (Tex.App. -
Austin; May 1, 2015).
This motion for rehearing is timely filed if presented or post-
marked on or before May 18, 2015. In that regard, Appellee would
show the Court that it should grant rehearing and reverse
judgment of the trial court for the following reasons:
Î The Court minimized or omitted mention of crucial evidence
shown in the video recording of the traffic encounter which
demonstrated the existence of a fact issue, resulting in an
incomplete and inadequate review of the evidence supporting the
necessity of submission of the issue of the legality of the traffic
stop to the jury pursuant to Article 38.23, C.Cr.P., as requested;
and,
Ï The Court has failed to conduct a true balancing test with
regard to the harm inherent in the recognized error and has,
instead, substituted a per se harm standard for those convicted of
driving while intoxicated and punished as an habitual offender.
Prayer
WHEREFORE PREMISES CONSIDERED, Appellant prays this
Honorable Court will grant his Motion for Rehearing, reconsider its
opinion on original submission and, on rehearing, reverse the
judgment of the trial court in this case.
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Respectfully submitted,
____________________________________
John G. Jasuta
Attorney at Law
1801 East 51st Street, Suite 365-474
Austin, Texas 78723
eMail: lawyer1@johngjasuta.com
Tel. 512-474-4747
Fax: 512-532-6282
State Bar No. 10592300
____________________________________
David A. Schulman
Attorney at Law
1801 East 51st Street, Suite 365-474
Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282
eMail: zdrdavida@davidschulman.com
State Bar Card No. 17833400
Attorneys for Donna Marie Pryor
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Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 361 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
May 18, 2015, 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 Joshua Presley
(presj@co.comal.tx.us) and Clay Hearrell (hearrc@co.comal.tx.us),
counsel of record for the State of Texas.
______________________________________
John G. Jasuta
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