FILED IN
PD-1514-14
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
June 24, 2015 AUSTIN, TEXAS
Transmitted 6/23/2015 4:31:18 PM
ABELACOSTA, CLERK Accepted 6/24/2015 10:18:49 AM
ABEL ACOSTA
Cause No. PD-1514-14
CLERK
Court of Criminal Appeals of Texas
of* • • Ronnie Leon Dabney,
Appellant
State of Texas,
Appellee
On Petition for Discretionary Review from the Court of Appeals,
Second District of Texas No. 02-12-00530-CR
State's Motion for Leave to File Reply Brief
Maureen Shelton John Gillespie
Criminal District Attorney First Asst. Criminal District Attorney
Wichita County, Texas Wichita County, Texas
State Bar No. 24076904 State Bar No. 24083252
Maureen.Shelton@co.wichita.tx.us John Gillespie(5>co.wichita.tx.us
900 Seventh Street
Wichita Falls, Texas 76301
(940) 766-8113 phone
(940) 716-8530 fax
To the Honorable Justices of this Court:
Pursuant to Rule 70.4 of the Texas Rules of Appellate Procedure, the
State asks for leave to file its Reply Brief.
The State seeks to file a Reply Brief to address points addressed by
Appellant's brief including (1) that Appellant's sufficiency argument was not
preserved by a cross-petition nor addressed by the court of appeals, so it is
not properly before this Court; (2) to address Appellant's argument that the
form of the proceedings dictate the nature of the proceedings (i.e. Appellant's
claim that evidence offered in the State's case-in-chief cannot be rebuttal
evidence); (3) to address factual assertions by Appellant that are not
supported by the record; and (4) to fully address and respond to the
arguments addressed by Appellant (which are outlined in the State's Reply
Brief).
Wherefore, the State of Texas prays this Court to allow the State to file
a reply brief in accordance with Tex. R. App. P. 70.4.
Respectfully Submitted,
/s/John R. Gillespie
John R. Gillespie
First Assistant District Attorney
Wichita County, Texas
900 7th Street Room 351
Wichita Falls, Texas 76301
(940) 766-8113 phone
(940) 716-8530 fax
State Bar No. 24010053
John.Gillespie@co.wichita.tx.us
Attorney for State of Texas
Certificate of Conference
I certify that I attempted to contact Mark Barber by phone on June 23,
2015, to see if he was opposed or unopposed to this motion, but that he did
not return the call.
/s/John Gillespie
John Gillespie
Certificate of Compliance
I certify that this document contains 160 words. The body text is in 14
point font.
/s/John Gillespie
John Gillespie
Certificate of Service
I do certify that on June 23, 2015, a true and correct copy of the above
document has been electronically forwarded to Mark Barber, counsel for
Ronnie Leon Dabney on appeal, via electronic service to
mbarberlaw(5),aol.com, and to the State Prosecuting Attorney, Lisa McMinn,
at information(S)spa.texas.gov.
/s/John Gillespie
John Gillespie