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Aviles v. State

Fourth Court of Appeals San Antonio, Texas
Feb 11, 2014
No. 04-11-00877-CR (Tex. App. Feb. 11, 2014)

Opinion

No. 04-11-00877-CR

02-11-2014

Antonio AVILES, Appellant v. The STATE of Texas, Appellee


From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR7244

Honorable Sid L. Harle, Judge Presiding


ORDER

On January 13, 2014, the United States Supreme Court vacated this court's judgment and remanded the matter back to this court "for further consideration in light of Missouri v. McNeely, 569 U.S. ___ (2013)." Accordingly, the parties may file amended briefs on the issue presented, and we note that amended briefs are encouraged by this court. Any amended briefs must contain argument as directed by the United States Supreme Court, i.e., whether the trial court erred in denying the motion to suppress in light of the Court's decision in Missouri v. McNeely. We ORDER appellant Antonio Aviles to file his amended brief, if any, in this court on or before March 13, 2014. The State's amended brief will be due in this court thirty (30) days after the date appellant's amended brief is filed in this court. If either party chooses not to file an amended brief, that party is ORDERED to notify this court of such fact in writing on or before February 21, 2014.

We order the clerk of this court to serve copies of this order on appellant and all counsel.

__________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of February, 2014.

__________

Keith E. Hottle

Clerk of Court


Summaries of

Aviles v. State

Fourth Court of Appeals San Antonio, Texas
Feb 11, 2014
No. 04-11-00877-CR (Tex. App. Feb. 11, 2014)
Case details for

Aviles v. State

Case Details

Full title:Antonio AVILES, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 11, 2014

Citations

No. 04-11-00877-CR (Tex. App. Feb. 11, 2014)