FILED IN COURT OF CRIMINALAPPEALS May 26, 2015 ABELACOSTA,CLERK Case No. PD-1505-14
In the Court ofCriminal Appeals ofTexas
David Schlittler v. The State ofTexas
On Discretionary Review ofAppeal No. 12-13-00269-CR in the Twelfth Court ofAppeals ofTexas at Tyler PD-1505-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/22/2015 10:40:54 AM Accepted 5/26/2015 8:29:18 AM ABEL ACOSTA CLERK

Motion for Leave to File an Appellant's Post-Argument Brief
For the following reasons, David Schlittler (Appellant) requests leave to fil{
anAppellant'sPost-ArgumentBrief 1. Upon a party's motion, this Court may permit the filing ofadditional briefs. Rule 70.4, Rules ofAppellate Procedure. 2. On May 20, 2015, this Court heard oral arguments presented by both parties in this case. During the course ofthose arguments members ofthe Court propounded several questions upon the parties' attorneys in which Schlittler believes the answers require some clarification. 3. Schlittler does not intend to re-hash the arguments adequately set forth in the briefs previously filed .with the Court. Instead, Schlittler intends to focus primarily on (1) the extent ofthe fundamental right implicated here, (2) the appliedas opposed to facial challenge to the statute, and (3) the class as defined by Art. 62.001(5), Code ofCriminal Procedure. Schlittler believes that he can clarify these matters within 1 0 pages oftext. 4. Schlittler can complete his legal research and draft and file a postargument briefby the end ofnext week, 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'sPost-ArgumentBrief no later than May 29, 2015. Respectfully submitted, State Counsel for Offenders Attorney for Appellant /s/ Kenneth Nash Texas BarNo. 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 May 22, 2015, who does not oppose this motion. /s/ Kenneth Nash
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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 of219 words (excluding the items exempted in Rule 9.4(i)(l)). /s/ 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'sPost-Argument Brief 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 May 22, 2015. 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.texa.gov ' /s/ Kenneth Nash
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