Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/23/2015 3:35:07 PM PAM ESTES Clerk *1 ACCEPTED 12-15-00154-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 10/23/2015 3:35:07 PM Pam Estes CLERK

NUMBER 12-15-00154-CR

DANIEL LEE KNOD § IN THE COURT OF APPEALS

§

v. § 12TH JUDICIAL DISTRICT

§

THE STATE OF TEXAS § TYLER, TEXAS STATE’S MOTION FOR LEAVE TO FILE

SUPPLEMENTAL BRIEF T O THE H ONORABLE OURT OF A PPEALS :

Comes now the State of Texas and presents this motion for leave to file a

supplemental brief in the above-captioned cause pursuant to Rule 38.7 of the

Texas Rules of Appellate Procedure. The State timely filed a response to

appellant’s original brief on 10 September 2015. On 22 September 2015,

appellant filed an amended brief raising a second issue not argued in his

original brief. The Court received a supplemental letter brief from the State

on 5 October 2015. As a brief may be supplemented whenever justice

requires or on whatever reasonable terms the court may prescribe, the State

respectfully requests the Court’s leave to file its supplemental brief and

respond to the newly alleged issue in the appellant’s amended brief. See Tex.

R. App. P. 38.7.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that

this Court grant the foregoing motion and allow the filing of the State’s

Supplemental Letter Brief in the above-captioned cause ^[1] .

Respectfully submitted,

D. MATT BINGHAM

Criminal District Attorney

Smith County, Texas

Assistant District Attorney

SBOT #: 24046692

100 North Broadway, 4th Floor

Tyler, Texas 75702

Office: (903) 590-1720

Fax: (903) 590-1719 (fax)

arediker@smith-county.com

*3 C ERTIFICATE OF C OMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned

attorney certifies that the word count for this document is 162 words as

calculated by Microsoft Word 2010.

/s/ Aaron S. Rediker

Aaron S. Rediker ERTIFICATE OF S ERVICE

On 23 October 2015, a true and complete copy of the foregoing motion

was sent by email to Austin R. Jackson, attorney for appellant, at

JLawAppeals@gmail.com.

[1] All facts recited in this motion not within the record or the Court’s knowledge in its official capacity are within the personal knowledge of the undersigned attorney, and a verification is therefore not required under Rule 10.2 of the Texas Rules of Appellate Procedure.