Daniel Lee Knod v. State

Opinion

ACCEPTED

12-15-00154-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

10/23/2015 3:35:07 PM

Pam Estes

CLERK

NUMBER 12-15-00154-CR

DANIEL LEE KNOD § IN THE COURT OF APPEALS FILED IN 12th COURT OF APPEALS

§ TYLER, TEXAS v. § 12TH JUDICIAL DISTRICT 10/23/2015 3:35:07 PM

§ PAM ESTES Clerk

THE STATE OF TEXAS § TYLER, TEXAS

STATE’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF

TO THE HONORABLE COURT OF APPEALS:

Comes now the State of Texas and presents this motion for leave to file a

supplemental brief in the above-captioned cause pursuant to Rule 38.7 of the

Texas Rules of Appellate Procedure. The State timely filed a response to

appellant’s original brief on 10 September 2015. On 22 September 2015,

appellant filed an amended brief raising a second issue not argued in his

original brief. The Court received a supplemental letter brief from the State

on 5 October 2015. As a brief may be supplemented whenever justice

requires or on whatever reasonable terms the court may prescribe, the State

respectfully requests the Court’s leave to file its supplemental brief and

respond to the newly alleged issue in the appellant’s amended brief. See Tex.

R. App. P. 38.7.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that

this Court grant the foregoing motion and allow the filing of the State’s

Supplemental Letter Brief in the above-captioned cause1.

Respectfully submitted,

D. MATT BINGHAM Criminal District Attorney Smith County, Texas

/s/ Aaron S. Rediker Aaron S. Rediker Assistant District Attorney SBOT #: 24046692 100 North Broadway, 4th Floor Tyler, Texas 75702 Office: (903) 590-1720 Fax: (903) 590-1719 (fax) arediker@smith-county.com

1 All facts recited in this motion not within the record or the Court’s knowledge in its official capacity are within the personal knowledge of the undersigned attorney, and a verification is therefore not required under Rule 10.2 of the Texas Rules of Appellate Procedure.

3

CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned

attorney certifies that the word count for this document is 162 words as

calculated by Microsoft Word 2010.

/s/ Aaron S. Rediker Aaron S. Rediker

CERTIFICATE OF SERVICE

On 23 October 2015, a true and complete copy of the foregoing motion

was sent by email to Austin R. Jackson, attorney for appellant, at

JLawAppeals@gmail.com.

/s/ Aaron S. Rediker Aaron S. Rediker