Jerryl Robinson v. State

Opinion

ACCEPTED

03-14-00407-CR

6132778

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/20/2015 11:21:39 AM

JEFFREY D. KYLE

CLERK

NO. 03-14-00407-CR

JERRYL ROBINSON § IN THE THIRD FILED IN

3rd COURT OF APPEALS

VS. § DISTRICT AUSTIN, COURT TEXASOF

7/20/2015 11:21:39 AM

JEFFREY D. KYLE

THE STATE OF TEXAS § APPEALS OFClerk TEXAS

LETTER OF ADDITIONAL AUTHORITIES

TO THE CLERK OF THE THIRD COURT OF APPEALS:

On July 20, 2015, the above-captioned cause was submitted to the Court on

briefs. Since submitting its brief, counsel for the State has discovered two

additional authorities which may be of some use to the Court. They are as follows:

1. This citation may be relevant to footnote three on page 11 of the State’s

Brief: Martinez v. State, 826 S.W.2d 620 (Tex. Crim. App. 1992) (“We granted

applicant’s petition for discretionary review wherein he contends the State violated

art. 17.151 by charging applicant with aggravated robbery, thereby effectively

preventing his release from jail. Applicant has been convicted of the underlying

offense and is no longer subject to pre-trial confinement. Therefore, applicant’s

petition is moot and we will not address the merits of his petition.”).

2. This citation may be relevant to page 14 of the State’s Brief: Schroeder v.

State, 307 S.W.3d 578, 580 (Tex. App.—Beaumont 2010, pet. ref’d) (“In this case,

Schroeder did not obtain a ruling on his motion to dismiss before the grand jury

returned its indictment. Therefore, when the trial court ruled on Schroeder’s

motion, and because the grand jury had at that point returned an indictment, the

2

trial court was no longer required to release Schroeder from custody. See Ex parte

Countryman, 226 S.W.3d 435, 436–39 (Tex. Crim. App. 2007)”).

Please ensure said citations are brought to the attention of the Court, and

thank you for your assistance.

Respectfully submitted,

/s/ Joshua D. Presley Joshua D. Presley - SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008

CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas, Appellee, hereby certify that a true and correct copy of this Letter of Additional Authorities has been sent to Appellant JERRYL ROBINSON’s attorney of record in this matter:

Marilee Hazel Brown marilee@hazelbrownlaw.com Hazel Brown Wright Reneau, PLLC 391 Landa Street New Braunfels, TX 78130 Attorney for Appellant on Appeal

By electronic service to the above email address through efile.txcourts.gov this 20th day of July, 2015.

/s/ Joshua D. Presley Joshua D. Presley