State v. Javier Rodriguez

Opinion

NUMBER 13-13-00335-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

THE STATE OF TEXAS, Appellant,

v.

JAVIER RODRIGUEZ, Appellee. ____________________________________________________________

On Appeal from the 319th District Court of Nueces County, Texas. ____________________________________________________________

ORDER

Before Chief Justice Valdez and Justices Rodriguez and Longoria Order Per Curiam

This appeal has been briefed and set for submission and oral argument on March

5, 2014. Texas Rule of Appellate Procedure 38.7 provides that “[a] brief may be

amended or supplemented whenever justice requires, on whatever reasonable terms the

court may prescribe.” TEX. R. APP. P. 38.7. On January 13, 2014, the United States

Supreme Court granted a petition for writ of certiorari and vacated the judgment in Aviles v. State, 385 S.W.3d 110 (Tex. App.—San Antonio 2012, pet. ref'd), for further

consideration in light of Missouri v. McNeely, 133 S. Ct. 1552, 1556, 185 L.Ed.2d 696

(2013). See Aviles v. Tex., No. 13-6353, 2014 WL 102362 (U.S. Jan. 13, 2014). In

addition, this Court issued an opinion involving the constitutionality of the mandatory

blood draw provisions of Texas Transportation Code section 724.012(b)(3). State v.

Villarreal, No. 13-13-00253-CR (Tex. App—Corpus Christi, January 23, 2014, no pet. h.).

Given the dimension of the constitutional issue raised in this case and the intervening

changes in the legal landscape since briefing on this case was completed, the Court has

determined that additional briefing is necessary for the proper submission of this cause

and to ensure a productive oral argument. Accordingly, the Court hereby requests

supplemental briefing from the parties regarding: (1) the impact on this case, if any, of

the United States Supreme Court’s action in granting certiorari and vacating Aviles v.

State, 385 S.W.3d 110 (Tex. App.—San Antonio 2012, pet. ref'd); and (2) the impact on

this case, if any, of this Court’s opinion in State v. Villarreal, No. 13-13-00253-CR,

concerning Texas Transportation Code section 724.012(b)(3).

Appellant’s supplemental brief shall be filed by Monday, February 24, 2014, and

appellee’s supplemental brief shall be filed by Monday, March 3, 2014.

IT IS SO ORDERED.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 14th day of February, 2014.