FILED IN 

COURT OF CRIMINAL APPEALS 

May 26, 2015 

ABELACOSTA,CLERK Case No. PD-1505-14 

In the Court of Criminal Appeals of Texas 

David Schlittler v. The State of Texas 

On Discretionary Review 

of Appeal No. 12-13-00269-CR 

in the Twelfth Court of Appeals of Texas 

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{ 

an Appellant's Post-Argument Brief 

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

briefs. Rule 70.4, Rules of Appellate Procedure. 

2. On May 20, 2015, this Court heard oral arguments presented by both 

parties in this case. During the course of those arguments members of the 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 of the fundamental right implicated here, (2) the applied 
as opposed to facial challenge to the statute, and (3) the class as defined by Art. 

62.001 (5), Code of Criminal Procedure. Schlittler believes that he can clarify these 

matters within 1 0 pages of text. 

4. Schlittler can complete his legal research and draft and file a postargument brief by the end of next week, 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 Post-Argument Brief no later than May 29, 2015. 

Respectfully submitted, 

State Counsel for Offenders 

Attorney for Appellant 

/s/ Kenneth Nash 

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 May 22, 

2015, who does not oppose this motion. 

/s/ Kenneth Nash 

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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 of 219 words (excluding the items exempted in Rule 

9 .4(i)(l) ). 

/s/ 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 Post-Argument 

Brief 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 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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