Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/23/2015 9:28:33 AM JEFFREY D. KYLE Clerk No. 03-14-00089-CR THIRD COURT OF APPEALS 12/23/2015 9:28:33 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00089-CR *1 ACCEPTED [8354697] CLERK IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS, AT AUSTIN The State of Texas
Appellant
v.
Cindy Camargo
Appellee
On Appeal In Case Number D-1-DC-12-206451 from the 427th District
Court of Travis County, the Hon. Jim Coronado, Judge Presiding Third Supplemental Argument & Authorities TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Cindy Camargo, Appellee in the above styled and numbered cause, by and through David A. Schulman and
John G. Jasuta, her undersigned attorneys of record, and
respectfully files this “Third Supplemental Argument &
Authorities,” and would show the Court that, on December 16,
2015, in State v. Villarreal , the Court of Criminal Appeals
*2 dismissed the State’s motion for rehearing as having been
improvidently granted. Thus, the Court’s original decision, State
v. Villarreal , PD-0306-14 (Tex.Cr.App.; November 26, 2014, is
now final. In its original opinion, the Court of Criminal Appeals
held that the non-consensual search of a defendant’s blood
conducted pursuant to the mandatory-blood-draw and
implied-consent provisions in the Transportation Code,
undertaken in the absence of a warrant or any applicable
exception to the warrant requirement, violated the Fourth
Amendment. See Villarreal , slip at 49.
Appellee respectfully reiterates her suggestion that this case is controlled by the Court’s original opinion in Villarreal .
Accordingly, because the State did not have a warrant and none
of the recognized exceptions apply, the trial court’s suppression
order is correct.
Prayer
WHEREFORE, PREMISES CONSIDERED, Cindy Camargo, Appellee in the above styled and numbered cause respectfully
prays that this Honorable Court will affirm the orders of the court
below.
Respectfully submitted,
______________________________ ______________________________
John G. Jasuta David A. Schulman
Attorney at Law Attorney at Law
State Bar No. 10592300 State Bar Card No. 17833400
lawyer1@johnjasuta.com zdrdavida@davidschulman.com
1801 East 51st Street, Suite 365-474 Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282 Attorneys for Cindy Camargo Certificate of Compliance and Delivery This is to certify that: (1) this document, created using WordPerfect™ X7 software, contains 307 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
November 17, 2014, a true and correct copy of the above and
foregoing “Third Supplemental Argument & Authorities” was
transmitted via the eService function on the State’s eFiling portal,
to Angie Creasy (angie.creasy@co.travis.tx.us), counsel of record
for the State of Texas.
______________________________________ David A. Schulman