ACCEPTED 02-17-00272-CR SECOND COURT OF APPEALS FORT WORTH, TEXAS 5/25/2018 4:09 PM DEBRA SPISAK CLERK

No. 02-17-00272-CR FILED IN 2nd COURT OF APPEALS SECOND COURT OF APPEALS FORT WORTH FORT WORTH, TEXAS 5/25/2018 4:09:48 PM DEBRA SPISAK RICARDO LUCIO SILVA V. THE STATE OF TEXASClerk ------------------------------ MOTION FOR ORAL ARGUMENT Now comes Ricardo Lucio Silva, A ppellant in the above styled and numbered cause, and moves this Court to grant oral argument in this matter. This motion is made according to Rule 39.1 of the Texas Rules of Appellate Procedure and for good cause appellant shows the Court the following: Application of Rule 39.1, under the facts and circumstances of this case as set forth within the trial record demonstrate that oral argument is not unnecessary: (a) the appeal is not frivolous; (b) the dispositive issue or issues have not been authoritatively decided; (c) the facts and legal arguments, while presented in the briefs and record entail substantial content and briefing. As a result, Appellant believes (d) the decisional process would be aided by oral argument.1

Tex. R. App. Proc. 39.1 (2016) This appeal presents an important issue concerning the unlawful detention of Appellant by an officer who saw no illegal conduct prior to the detention. Appellant believes oral argument would aid this Court in reaching a just conclusion.

PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellant makes this prayer that this request be granted and that oral argument be granted.

Respectfully submitted, Benjamin E. Hoover The Nix Law Firm 1401 Holliday, Suite 400 Wichita Falls, Texas 76301 Tel 940.322.9200 Fax 940.228.3233 [email protected] By: /s/ Benjamin E Hoover Benjamin E. Hoover State Bar No. 24052682 Attorney for Appellant CERTIFICATE OF CONFERENCE The State has indicated it does not seek oral argument in this matter.

CERTIFICATE OF SERVICE On the 25th day of May, 2018, a copy of the foregoing document was served upon the following parties by electronic service and the transmission was reported as complete: Jennifer Ponder Wichita County District Attorney’s Office 7th Street Wichita Falls, Texas 76301 [email protected] /s/ Benjamin E. Hoover Benjamin E. Hoover