Smiley, Rodney Elnesto

Opinion

WR-31,454-03

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 7/13/2015 10:16:44 AM Accepted 7/13/2015 11:38:16 AM ABEL ACOSTA

CLERK

July 13, 2015

SHAREN WILSON

.Criminal District Attorney Tarrant County

July 13, 2015

Hon. Abel Acosta, Clerk Texas Court of Criminal Appeals

Re: Ex parte Rodney Elnesto Smiley, Nos. WR-31,454-03; C-213-

010293-1011284-B.

Dear Hon. Acosta:

On April 29, 2015, this Court invited Tarrant County (“the State”)

to brief two issues in the above case. The brief, if filed, was ordered due by June 29, 2015.

On June 29, 2015, the State requested a two week extension for which to file a brief. The State’s brief is currently due today, July 13, 2015.

After the State requested the extension, and indicated its desire to file a State’s brief, the Texas Department of Criminal Justice (“TDCJ”) filed a brief. TDCJ’s brief sufficiently addresses the Court’s questions and the State has nothing to add. Therefore, the State will be filing nothing further unless directed by the Court.

Based on everything already filed, the State prays that this Court dismiss the application of Rodney Elnesto Smiley as moot or, in the alternative, deny him relief.

Respectfully submitted,

SHAREN WILSON Criminal District Attorney Tarrant County, Texas /s/ Andréa Jacobs_______

DEBRA WINDSOR, Assistant ANDRÉA JACOBS, Assistant Criminal District Attorney Criminal District Attorney Chief, Post-Conviction State Bar No. 24037596 401 W. Belknap Street

Fort Worth, Texas 76196-0201 (817) 884-1687

FAX (817) 884-1672

coaappellatealerts@tarrantcounty.com

CERTIFICATE OF SERVICE

A true copy of the State’s letter has been sent, via electronic mail, to Smiley’s attorney, Hon. Kenneth Nash, at Ken.Nash@tdcj.texas.gov and TDCJ’s attorney, Hon. Joseph Corcoran, at Joseph.Corcoran@TexasAttorneyGeneral.gov on this 13th day of July 2015.

/s/ Andréa Jacobs

ANDRÉA JACOBS