Weems, Daniel James

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: PD-0635-14
• Status: Published

Opinion

PD-0635-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS January 20, 2015 Transmitted 1/20/2015 8:58:34 AM Accepted 1/20/2015 11:53:07 AM ABEL ACOSTA CLERK

Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas

January 20, 2015

MR. ABEL ACOSTA Clerk of the Court COURT OF CRIMINAL APPEALS OF TEXAS Supreme Court Building 201 West 14th Street, Room 106 Austin, Texas 78701

Re: Additional Citations Daniel James Weems v. State of Texas, No. PD-0635-14

Dear Mr. Acosta:

Since this case was submitted on oral argument (November 19, 2014), the Court of Appeal

of California, Fourth Appellate District has issued a decision resolving a case with facts similar to

the present case before this Court. When deciding the fourth ground in the petition for

discretionary review, the State respectfully asks the Court to consider the opinion in People v.

Toure, No. E058915, 2015 Cal. App. LEXIS 2 (Cal. Ct. App. Jan. 5, 2015). In analyzing a point

of error regarding exigent circumstances, the court of appeal observed numerous factors. No

single factor appears to be dispositive of the court’s analysis; however, the court does focus on

the lack of cooperation on the part of the suspect and noted that the “situation facing the officers

was not one in which the sole consideration was the natural dissipation of alcohol in the blood as

the sole basis for finding an exigency.” Id. at *13–15. Accordingly, the court found that a

Paul Elizondo Tower  101 W. Nueva Street, 4th Floor  San Antonio, Texas 78205-3030 (210) 335-2311 For Victim Assistance call (210) 335-2105 compelled blood draw satisfied the exigency requirements of Schmerber and McNeely.

Respectfully submitted,

/s/ Nathan E. Morey NATHAN E. MOREY Assistant Criminal District Attorney State Bar No. 24074756 101 West Nueva, Suite 370 San Antonio, Texas 78205 Voice: (210) 335-2414 Fax: (210) 335-2436 Email: nathan.morey@bexar.org Attorney for the State of Texas cc: JUSTIN A. FISCHER Attorney at Law State Bar No. 24065233 8000 Interstate Highway 10 West, Suite 1500 San Antonio, Texas 78230 Voice: (210) 341-4070 Fax: (210) 341-4459 Email: justinfischerlaw@gmail.com Attorney for Appellant

Paul Elizondo Tower  101 W. Nueva Street, 4th Floor  San Antonio, Texas 78205-3030 (210) 335-2311 For Victim Assistance call (210) 335-2105