FILED IN 

COURT OF CRIMINAL APPEALS 

April 21, 2015 

ABELACOSTA,CLERK Case No. PD-1505-14 

PD-1505-1· 

COURT OF CRIMINAL APPEAL 

AUSTIN, TEXA 

Transmitted 4/21/2015 11: 13:50 Ar 

Accepted 4/21/2015 11:18:38 Ar 

ABELACOST. 

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~~~~r·~~·-++-~~-----In--th_e_c_o_u_rt __ o_f_c_n_·m_i_n_a_lA __ p_p_ea_l_s_o_f_T_ex_a_s ______________ _ 

U(~\~'~~~~--------D_a_v_id __ s_ch-1-itt_l_e_r_v_.T __ h_e_s_ta_t_e_o_f_T_e_x_a_s ______________ ___ 

On Discretionary Review 

of Appeal No. 12-13-00269-CR 

in the Twelfth Court of Appeals of Texas 

at Tyler 

Motion for Leave to File an Appellant's Reply Brief 

For the following reasons, David Schlittler (Appellant) requests leave to file 

an Appellant's Reply Brief 

1. Upon a party's motion, this Court may permit the filing of additional 

briefs. Rule 70.4, Rules of Appellate Procedure. Generally, an appellant may file 

a reply brief addressing any matter in the appellee's responsive brief. Rule 38.3, 

Rules of Appellate Procedure. A computer-generated reply brief is limited to 

7,500 words. Rule 9.4(i)(2)(C), Rules of Appellate Procedure. And it must be 

filed within 20 days after the appellee's brief was filed. Rule 3 8. 6( c), Rules of _ 

Appellate Procedure. 

2. The Clerk of this Court notified Schlittler's attorney on Monday, April 

20, 2015, that the State had filed its responsive brief. (Schlittler's attorney 

CLER 
received the Clerk's notice at 6:02p.m.) Therefore, any reply brief would be due 

no later than Monday, May 11, 2015. The Clerk also notified Schlittler's attorney 

that this case set for submission (with oral argument) on Wednesday, May 20, 

2015. 

3. Upon review of the State's brief, Schlittler believes that a reply is 

warranted to address certain matters raised on pages 12 through 14, touching on 

the family court's conservatorship order, and to further explicate his contention 

that Section 38.111, Penal Code, constitutes an improper delegation of the State's 

legislative power to a private party contrary to the State's argument set forth, for 

example, on pages 18 and 22 through 23. 

4. Schlittler does not require the full 20 days as contemplated by Rule 

38.6(c). Rather, he believesthat he can complete his legal research and draft and 

file a reply briefby the end ofthis month, if not before. 

5. Schlittler' s request is not made for purposes of delay but for a thorough 

and proper presentation of his arguments. 

6. For the foregoing reasons, Schlittler prays that this Court grant him leave 

to file an Appellant's Reply Brief no later than April30, 2015. 

Respectfully submitted, 

State Counsel for Offenders 

Attorney for Appellant 

Is/ Kenneth Nash 

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Texas Bar No. 14811030 

P. 0. Box 4005 

Huntsville, TX 77342 

Telephone no. 936-437-5291 

Facsimile no. 936-437-5279 

E-mail address: Ken.Nash@tdcj.texas.gov 

Certificate of Conference 

In compliance with Rule 10.1(5), Rules of Appellate Procedure 10.1(5), I 

certify that I conferred with the State's attorney, Melinda Fletcher, on April 21, 

2015, who does not oppose this motion. 

Is/ Kenneth Nash 

Certificate of Compliance 

In compliance with Rule 9.4(i)(3), Rules of Appellate Procedure, I certify 

that this computer-generated document complies with the typeface requirements of 

Rule 9.4(e) and is comprised of313 words (excluding the items exempted in Rule 

9.4(i)(1 )). 

Is/ Kenneth Nash 

Certificate of Service 

In compliance with Rule 9.5(e), Rules of Appellate Procedure, I certify that 

a copy of the foregoing Motion for Leave to File an Appellant's Reply B~ief was 

served upon the State's attorney and upon the State Prosecuting Attorney noted 

below by one or more of the following: certified mail (return receipt requested), 

facsimile transfer, or electronic mail (e-mail), on April21, 2015. 

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Melinda Fletcher 

Special Prosecution Unit 

P. 0. Box 1744 

Amarillo, TX 79105 

Facsimile no. 866-923-9253 

E-mail address: mfletcher@sputexas.org · 

Lisa C. McMinn 

State Prosecuting Attorney 

P. 0. Box 13046 

Austin, TX 78711 

Facsimile no. 512-463-5724 

E-mail address: information@spa.texas.gov · 

Is/ Kenneth Nash 

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