IN THE TENTH COURT OF APPEALS No. 10-12-00169-CR TONY EUGENE BEARD, Appellant v. THE STATE OF TEXAS, Appellee

From the County Court Limestone County, Texas Trial Court No. 35374

ORDER

The submission of this appeal on October 10, 2013 is set aside.

The Court requests no more than five pages of additional briefing from each party on the issue of preservation/waiver in light of the Court of Criminal Appeals’ opinion in Thomas v. State, No. PD-1454-12, 2013 Tex. Crim. App. LEXIS 1463 (Tex. Crim. App. Sept. 25, 2013), and specifically in reference to trial counsel’s statement, “no objection,” to State’s Exhibit Number 3. See RR V, p. 143, (copy attached).

This supplemental briefing from each party is due 14 days from the date of this order.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Supplemental briefing ordered Order issued and filed October 10, 2013

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