Ambrose, Cynthia

Opinion

PD-0143-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

October 16, 2015 Transmitted 10/16/2015 2:28:54 PM Accepted 10/16/2015 2:59:31 PM ABEL ACOSTA

PD-0143-15 CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

THE STATE OF TEXAS, Appellant

v.

CYNTHIA AMBROSE, Appellee

Appeal from Bexar County

* * * * *

MOTION FOR LEAVE TO FILE STATE PROSECUTING ATTORNEY’S POST-SUBMISSION BRIEF

AS AMICUS CURIAE

* * * * *

LISA C. McMINN

State Prosecuting Attorney Bar I.D. No.13803300

JOHN R. MESSINGER

Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone)

512/463-5724 (Fax)

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State Prosecuting Attorney respectfully presents her motion for leave to

file a Post-Submission Brief as Amicus Curiae under Texas Rule of Appellate

Procedure 71.4. The State believes that re-examination of this Court’s cases on the

standard for review of unpreserved charge error will assist the Court in resolving

Appellee’s issues presented.

PRAYER FOR RELIEF

WHEREFORE, the State of Texas prays that the Court of Criminal Appeals

grant it leave to file its Post-Submission Brief as Amicus Curiae.

Respectfully submitted,

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax)

2

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 16th day of October, 2015, a

true and correct copy of the State’s Motion for Leave to File a Post-Submission

Brief as Amicus Curiae has been eFiled or e-mailed to the following:

Dayna L. Jones 1800 McCullough Avenue San Antonio, Texas 78212 daynaj33@gmail.com

S. Patrick Ballantyne Assistant Criminal District Attorney 101 W. Nueva St., 7th floor San Antonio, Texas 78205 sballantyne@bexar.org

/s/ John R. Messinger John R. Messinger Assistant State Prosecuting Attorney