PD-0077-15 FILED IN COURT OF CRIMINALAPPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 6/3/2015 5:23:46 PM June 4, 2015 Accepted 6/4/2015 8:06:49 AM ABEL ACOSTA ABEL ACOSTA, CLERK No. PD-0077-15 CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STEVEN COLE, Appellant V.

STATE OF TEXAS, Appellee

Appeal from Gregg County

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STATE'S REQUEST FOR ORAL ARGUMENT *****

Lisa C. McMinn State Prosecuting Attorney Barl.D.No. 13803300

P.O.Box 13046 Austin, Texas 78711 [email protected] 512/463-1660 (Telephone) 512/463-5724 (Fax) No. PD-0077-15

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STEVEN COLE, Appellant V.

STATE OF TEXAS, Appellee *****

STATE'S REQUEST FOR ORAL ARGUMENT *****

TO THE HONORABLE COURT OF CRIMINAL APPEALS: The State requests oral argument in this case and would show the Court the following: Tex. R. App. P. 75.2 states, "If a case is not designated for oral argument but counsel desires oral argument, counsel may-within 30 days of the date of the clerk's notice-petition the Court to allow oral argument. This petition must contain specific reasons why oral argument is desired."

The State'spetitionfor discretionary review was accepted for filing onFebruary 20, 2015. The State did not originally request oral argument but now believes it is necessary. It's Brief on the Merits is being filed contemporaneouslywith this motion, and it also requests oral argument.

Oral argument is necessary because this case involves the same issue as State v. Villarreal, _S.W.3d_No. PD-0306-14 (Tex. Crim. App. 2014) (reh'g granted).

The petition in this case was filed before rehearing was granted in Villarreal. In addition, this case presents a ground that this Court has not previously granted-the applicability ofTex. Code Crim. Proc. art. 38.23 to this issue. For these reasons, oral argument would be helpful both in this case and for the Court's reconsideration of Villarreal.

WHEREFORE, the State prays that this Court grant its request for oral argument.

Respectfully submitted,

Isi Lisa C. McMinn Lisa C. McMinn State Prosecuting Attorney Barl.D. No. 13803300

P.O. Box 13046 Austin, Texas 78701 [email protected] 512/463-1660 (Telephone) 512-463-5724 (Fax) CERTIFICATE OF SERVICE

A copy of the foregoing State's Request for Oral Argument has been e-served or e-mailed on this the 3rd day of June, 2015 to: Zan Colson Brown Assistant District Attorney East Methvin, Suite 333 Longview, Texas, 75601 [email protected] Ebb Mobley P.O. Box 2309 Longview, Texas 75606 ebbmob^aol .com

Isl Lisa C. McMinn Lisa C. McMinn State Prosecuting Attorney