Dabney, Ronnie Leon

Opinion

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