FILED
IN THE 13TH COURT OF APPEALS
CORPUS CHRISTI - EDINBURG RECEIVED
FILED IN
6/2/15 13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
CECILE FOY GSANGER, CLERK 6/2/2015 5:57:40 PM
BY DTello
DORIAN E. RAMIREZ
Clerk
EXHIBIT 2
Vl/C::l/C::Vl::l 11 . il::l ~Ill\
Cause No. 12-CR-2436-E
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
vs. § NUECES COUNTY, TEXAS
TRINITY RINGELSTEIN § 148TH JUDICIAL DISTRJCT
MOTION FOR ABATEMENT
Now comes the State, by and through her District Attorney, and asks this Honorable
Court to continue this cause. In support of this Motion, the State would show as follows:
1. This case is set for trial on February 9, 2015 on Counts 2 and 3.
2. The defendant is in jail and scheduled to be shipped to the Institutional
Division of the Texas Department of Criminal Justice.
3. The defendant was convicted of Count 1 on October 31, 2014 and the above
cause is on appeal.
4. The Court Denied the Motion for New Trial on January 14, 2015.
5. The defense has timely filed an appeal in the above cause.
Under Article 1.10 of the Texas Code of Criminal Procedure, "No person for
the same offense shall be twice put in Jeopardy of life or liberty, nor shall a
person be again put upon trial for the same offense...." In Benton v. Maryland.
395 U.S. 784 ( 1969), the Court held the State may not prosecute the defendant
for the same offense after conviction. The Court in Blockhustion v_ U.S 284
U. S.299 ( 1932) applied the "same elements test" in determining whether the
defendant can be tried twice. In the above cause there is no question that
counts two and three are for the same offense for which the defendant was
convicted under Count one for Capital Murder and therefore it would be
double jeopardy to put the defendant to trial until his appeal is completed.
01/ll/ZOHi 11 : ::J~ ~AX ~ 00:.l/OOtl
WHEREFORE, PREMISES CONSIDERED, the State prays that this Honorable
Court grant this motion for abatement pending the resolution of the appeal.
Retha Cable
Assistant District Attorney
SBN 00785741
CERTIFICATE OF SERVICE
I, Retha Cable. hereby certify that I faxed delivered a copy of the State's Motion for
Abatement has been faxed/mailed to Terry Shamsie and Cynthia Orr.
~
Retha Cable
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VERIFICATION
STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned notary, on this day, personally appeared Retha Cable, a
person whose identity is known to me. After I administered an oath to her, upon her oath,
she said she read the Motion for Continuance and the facts stated in it are within her personal
knowledge and are true and cottect.
Retha Cable
SWO~J?~~ SUBSfRIBED before me by Retha Cable on the 7 / day of
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The State of Texas
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