ACCEPTED 04-14-00130-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/9/2015 11:46:03 AM KEITH HOTTLE CLERK CASE NO. 04-14-00130-CR FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS FOR THESAN ANTONIO, TEXAS 4/9/2015 11:46:03 AM FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE Clerk SAN ANTONIO, TEXAS

JOSHUA ORCASITAS, Appellant V. STATE OF TEXAS, Appellee

Appealed from the 175th Judicial District Court of Bexar County, Texas

SUPPLEMENTAL CITATION OF AUTHORITIES

GROSS & ESPARZA, P.L.L.C. MICHAEL C. GROSS State Bar No. 08534480 South St. Mary’s Street, Suite 260 San Antonio, Texas 78205 [email protected] (210) 354-1919 (210) 354-1920 Fax Attorney for the Appellant, JOSHUA ORCASITAS TO THE HONORABLE COURT OF APPEALS: JOSHUA ORCASITAS, the Appellant, submits the following supplemental citation of authorities: 1. Bush v. State, No. 04-13-00466-CR (Tex. App. - San Antonio, January 29, 2014, no pet.) (Jury argument that is predicated upon, directly or indirectly, matters outside record is improper and reversible if it injects or emphasizes harmful facts outside record; an instruction to disregard will not cure such error if “in light of the record as a whole it was extreme or manifestly improper, violative of a mandatory statute, or injected new facts harmful to the accused.”)

2. McMurrough v. State, 995 S.W.2d 944 (Tex. App. - Fort Worth 1999, no pet.) (Objection that prosecutor’s argument was outside record involves final argument that was uninvited and unsbustantiated accusation of improper conduct directed at defendant’s attorney as an outside record attack on defense counsel’s integrity and was incurable by jury instruction and reversible.)

Respectfully submitted, GROSS & ESPARZA, P.L.L.C. /s/ Michael C. Gross Michael C. Gross State Bar No. 08534480 South St. Mary’s Street, Suite 260 San Antonio, Texas 78205 [email protected] (210) 354-1919 (210) 354-1920 Fax Attorney for the Appellant, JOSHUA ORCASITAS CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was faxed to Laura Durbin, Assistant District Attorney, 335-2436, on the 9th day of April 2015.

/s/ Michael C. Gross