Saenz, Kimberly Clark

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: PD-0253-14
• Status: Published

Opinion

PD-0253-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/24/2014 2:49:25 PM December 29, 2014 Accepted 12/29/2014 8:32:53 AM ABEL ACOSTA CLERK

Motion for Rehearing

TO THE HONORABLE COURT OF CRIMINAL APPEALS: COMES NOW, the State of Texas, Appellee in the above styled and numbered cause, by and through its elected District Attorney, and respectfully enters this Motion for Rehearing, pursuant to Rule 79.1, Tex.R.App.Pro., and would show the Court that on December 10, 2014, the Court reversed the judgment of the Court of Appeals, and remanded the case to conduct a harm analysis. This motion for rehearing is timely filed if presented or post-marked on or before December 29, 2014. Appellee would respectfully show the Court that it erred in the manner in which it resolved the question before the Court. Rehearing should be granted. Prayer WHEREFORE PREMISES CONSIDERED, the State of Texas respectfully prays this Honorable Court will grant its Motion for Rehearing, and upon further review, will affirm the judgment of the Court of Appeals. Respectfully submitted, /s/ ________________________________ Art Bauereiss District Attorney State Bar No. 01921800 eMail: abauereiss@angelinacounty.net P.O. Box 908 Lufkin, Texas 75901 (936) 632-5090 phone (936) 637-2818 fax

Certificate of Compliance and Delivery This is to certify that: (1) this document, created using WordPerfect™ X7

software, contains 141 words, excluding those items permitted by Rule 9.4 (i)(1),

Tex.R.App.Pro., and complies with Rules 9.4 (i)(2)(B) and 9.4 (i)(3),

Tex.R.App.Pro.; and (2) on December 24, 2014, a true and correct copy of the

above and foregoing “Motion for Rehearing” was transmitted via the eService

function on the State’s eFiling portal, to Robert A. Morrow

(ramorrow15@gmail.com), Heather M. Lytle (heather@lytle-law.com) and Amy

Martin (amymartinlaw@gmail.com), attorneys of record for Appellant.

/s/ ___________________________________ Art Bauereiss