FILED IN COURT OF CRIMINALAPPEALS 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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______________ ___ On Discretionary Review ofAppeal No. 12-13-00269-CR in the Twelfth Court ofAppeals ofTexas at Tyler
Motion for Leave to File an Appellant's Reply Brief
Forthe following reasons, David Schlittler (Appellant) requests leave to file
anAppellant'sReplyBrief 1. Upon a party's motion, this Court may permit the filing ofadditional briefs. Rule 70.4, Rules ofAppellate Procedure. Generally, an appellant may file
a reply briefaddressing any matter in the appellee's responsive brief. Rule 38.3, Rules ofAppellate Procedure. A computer-generated reply briefis limited to 7,500 words. Rule 9.4(i)(2)(C), Rules ofAppellate Procedure. And it mustbe filed within 20 days after the appellee's briefwas filed. Rule 38.6(c), Rules of
_ Appellate Procedure. 2. The Clerk ofthis Court notified Schlittler's attorney on Monday, April 20, 2015, that the State had filed its responsive brief. (Schlittler's attorney CLERreceived the Clerk's notice at 6:02p.m.) Therefore, any reply briefwould 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 ofthe 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 ofthe 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, ifnot before. 5. Schlittler's request is not made for purposes ofdelay but for a thorough and proper presentation ofhis arguments. 6. For the foregoing reasons, Schlittler prays that this Court grant him leave to file anAppellant'sReplyBrief no later than April30, 2015. Respectfully submitted, State Counsel for Offenders Attorney for Appellant 

### Is/Kenneth Nash
2Texas 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 ofConference In compliance with Rule 10.1(5), Rules ofAppellate 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 ofCompliance In compliance with Rule 9.4(i)(3), Rules ofAppellate 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 ofService In compliance with Rule 9.5(e), Rules ofAppellate Procedure, I certify that
a copy ofthe foregoing 

### Motionfor Leave to File an Appellant'sReply**B~ief**was served upon the State's attorney and upon the State Prosecuting Attorney noted below by one or more ofthe following: certified mail (return receipt requested), facsimile transfer, or electronic mail (e-mail), on April21, 2015.
3Melinda 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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