Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/9/2015 11:46:03 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00130-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/9/2015 11:46:03 AM KEITH HOTTLE CLERK CASE NO. 04-14-00130-CR
IN THE COURT OF APPEALS FOR THE
FOURTH DISTRICT OF TEXAS
SAN ANTONIO, TEXAS JOSHUA ORCASITAS,
Appellant V.
STATE OF TEXAS,
Appellee Appealed from the 175th Judicial District Court
of Bexar County, Texas SUPPLEMENTAL CITATION OF AUTHORITIES
GROSS & ESPARZA, P.L.L.C. MICHAEL C. GROSS State Bar No. 08534480 106 South St. Mary’s Street, Suite 260 San Antonio, Texas 78205 Lawofcmg@gmail.com (210) 354-1919 (210) 354-1920 Fax Attorney for the Appellant, JOSHUA ORCASITAS *2
TO THE HONORABLE COURT OF APPEALS:
JOSHUA ORCASITAS, the Appellant, submits the following supplemental
citation of authorities:
1. Bush v. State, No. 04-13-00466-CR (Tex. App. - San Antonio, January 29,
2014, no pet.) (Jury argument that is predicated upon, directly or indirectly,
matters outside record is improper and reversible if it injects or emphasizes
harmful facts outside record; an instruction to disregard will not cure such error
if “in light of the record as a whole it was extreme or manifestly improper,
violative of a mandatory statute, or injected new facts harmful to the accused.”)
2. McMurrough v. State, 995 S.W.2d 944 (Tex. App. - Fort Worth 1999, no pet.)
(Objection that prosecutor’s argument was outside record involves final
argument that was uninvited and unsbustantiated accusation of improper
conduct directed at defendant’s attorney as an outside record attack on defense
counsel’s integrity and was incurable by jury instruction and reversible.)
Respectfully submitted,
GROSS & ESPARZA, P.L.L.C.
/s/ Michael C. Gross
Michael C. Gross
State Bar No. 08534480
106 South St. Mary’s Street, Suite 260
San Antonio, Texas 78205
Lawofcmg@gmail.com
(210) 354-1919
(210) 354-1920 Fax
Attorney for the Appellant,
JOSHUA ORCASITAS
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was faxed to Laura Durbin,
Assistant District Attorney, 335-2436, on the 9th day of April 2015.
/s/ Michael C. Gross