FILED IN THE 13TH COURT OF APPEALS CORPUS CHRISTI - EDINBURG RECEIVED FILED IN 6/2/15 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS CECILE FOY GSANGER, CLERK 6/2/2015 5:57:40 PM BY DTello DORIAN E. RAMIREZ Clerk

EXHIBIT 2 Vl/C::l/C::Vl::l 11 . il::l ~Ill\

Cause No. 12-CR-2436-E THE STATE OF TEXAS § IN THE DISTRICT COURT OF vs. § NUECES COUNTY, TEXAS TRINITY RINGELSTEIN § 148TH JUDICIAL DISTRJCT MOTION FOR ABATEMENT Now comes the State, by and through her District Attorney, and asks this Honorable Court to continue this cause. In support of this Motion, the State would show as follows:

1. This case is set for trial on February 9, 2015 on Counts 2 and 3.

2. The defendant is in jail and scheduled to be shipped to the Institutional Division of the Texas Department of Criminal Justice.

3. The defendant was convicted of Count 1 on October 31, 2014 and the above cause is on appeal.

4. The Court Denied the Motion for New Trial on January 14, 2015.

5. The defense has timely filed an appeal in the above cause.

Under Article 1.10 of the Texas Code of Criminal Procedure, "No person for the same offense shall be twice put in Jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense...." In Benton v. Maryland. 395 U.S. 784 ( 1969), the Court held the State may not prosecute the defendant for the same offense after conviction. The Court in Blockhustion v_ U.S 284 U. S.299 ( 1932) applied the "same elements test" in determining whether the defendant can be tried twice. In the above cause there is no question that counts two and three are for the same offense for which the defendant was convicted under Count one for Capital Murder and therefore it would be double jeopardy to put the defendant to trial until his appeal is completed.

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WHEREFORE, PREMISES CONSIDERED, the State prays that this Honorable Court grant this motion for abatement pending the resolution of the appeal.

Retha Cable Assistant District Attorney SBN 00785741

CERTIFICATE OF SERVICE I, Retha Cable. hereby certify that I faxed delivered a copy of the State's Motion for Abatement has been faxed/mailed to Terry Shamsie and Cynthia Orr.

~ Retha Cable ~ VVLf/ VVO v11.:11.:v10 II.JO t/111

VERIFICATION STATE OF TEXAS § COUNTY OF NUECES § Before me, the undersigned notary, on this day, personally appeared Retha Cable, a person whose identity is known to me. After I administered an oath to her, upon her oath, she said she read the Motion for Continuance and the facts stated in it are within her personal knowledge and are true and cottect.

Retha Cable

SWO~J?~~ SUBSfRIBED before me by Retha Cable on the 7 / day of ---'~"'"--=-"~ ..........:.+---· 20~.

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Cause No. 12-CR-2436-E THE STATE OF TEXAS § IN THE DISTRICT COURT OF VS, § NUECESCOUNTY,TEXAS TRINITY RINGELSTEIN § 148TII JUDICIAL DISTRICT

ORDER

The Court, having this day considered this State's Motion to Abatement is of the opinion that said motion is well taken and ought to be, and hereby is,

GRANTED.

DENIED.

Date: -- Judge Presiding - --·--·- - - - -- - -···------ - ·- -- - ---- - --·- Cause No. 12-CR-2436-E THE STATE OF TEXAS § IN THE DISTRJCT COURT OF VS. § NUECES COUNTY, TEXAS TRlNlTY RINGELSTEIN § 14811I JUDICW, DISTRICT

ORDER

The Court, having this day considered this State's Motion to Abatement, is of the opinion that said motion is well taken and ought to be, and hereby is,

GRANTED, and the case is removed from the trial docketofFebruary9, 2015 and from any future trial dockets pending the appeal in the above cause.

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