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### In the Court of Appeals for the Twelfth District of Texas at Tyler THE STATE OF TEXAS, § Appellant § § v. § No. 12
- 14 -00190- CR § ALMA MUNOZ GHAFFER, § Appellee §

STATE’S MOTION TO PUBLISH

TO THE HONORABLE COURT OF APPEALS:
COMES NOW , the State of Texas, by and through the Collin County Criminal District Attorney Greg Willis and the undersigned attorney, and files this, the State’s Motion to Publish. In support of its motion, the State wo uld show the following:

I.
On April 15, 2015, this Court issued a written opinion affirming the judgment of the trial court and designated that the opinion would not be published. See T EX

. R. A PP

. P. 47.2.
II. The time for changing the notation to “publish” has not passed as the Court of Criminal Appeals has not already acted on a petition for discretionary review or any other request for relief in the case. See T EX

. R. A PP

. P. 47.2 (b).
III. ACCEPTED 12-14-00190-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 6/1/2015 5:45:23 PM CATHY LUSK CLERK2

Publishing the Court’s opinion in this case would serve not only att orneys on both
sides of the bar and judges in their pre
- trial rulings on warrants, but also our state and local law enforcement agencies

. The City of Dallas, and therefore the jurisdictio n of the Dallas Police Department, spans across five different counties in North Texas. While this has sometimes caused delayed filings or filing of cases in the wrong county, DPD’ s policy 

### of taking all arrestees to Lew Sterrett jail has provided the benef it of a quick and streamlined process for DWI investigations

. Other large cities in this area, including Richardson, Mesquite, and Carrollton, span multiple counties as well. And as many state

- wide and local law enforcement agencies have begun adopting “no

refusal” policies for their jurisdictions, officers are seeking blood warrants for drivers suspected of driving while intoxicated at a n increasing rate. Furthermore, this particular issue appears to be one of first impression in the State.
T herefore, a published opinion in this type of case is important precedent

. The Court of Criminal Appeals’ opinion in Sanchez v. State , 365 S.W.3d 681 (Tex. Crim. App. 2012), cited by the trial court and both parties in their briefs, addressed a closely related issue but when examined closely, was not on point with the issue in this case. 

### The issue in Sanchez was whether a magistrate may sign a search warrant for a suspect’s blood
to be executed in a county other than the one in which he serves. See Sanchez , 365
S.W.3d at 683. In Appellee’s case, the magistrate signed a blood warrant to be executed in his own county and the parties’ briefs reflect that neither side could find case law specifically on point to this appeal

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While this Court’s opinion is certainly availab le to researchers on Westlaw and Lexis, this Court would have a far broader impact on the jurisprudence of the State if the opinion carried precedential value. See T EX

. R. A PP

. P. 47.7 (providing that only published opinions set precedent).

WHEREFORE , the State respectfully requests that this Court change the notation of the opinion to “publish.”

G 

### REG WILLIS Criminal District Attorney Collin County, Texas JOHN R. ROLATER, JR. Assistant Criminal District Attorney Chief of the Appellate Division
/s/ Calli D. Bailey CALLI D. BAILEY Assistant Criminal District Attorney 2100 Bloomdale Rd., Suite 200 McKinney, Texas 75071 (972) 548

- 4323 FAX (214) 491

- 4860 State Bar No. 240 75638 cdbailey @co.collin.tx.us4 CERTIFICATE OF SERVICE
A true copy of the St ate’s Motion to Publish has been mailed to Counsel for Appellant, Kyle Shaw, by electronic mail to shawlaw@sbcglobal.net , on this, the 1 st day of J une 20 15

. /s/ Calli D. Bailey Calli D. Bailey