FILED IN PD-0143-15 ror^MAi APPEALS COURT OF CRIMINAL addpa, c COURT OF CRIMINAL AUST|NAPPEALS JEXAS October 16 2015 Transmitted 10/16/2015 2:28:54 PM Accepted 10/16/2015 2:59:31 PM ABEL ACOSTA, CLERK PD-0143-15 ABEL A£°|rK IN THE COURT OF CRIMINAL APPEALS ^ OF THE STATE OF TEXAS

THE STATE OF TEXAS, Appellant v.

CYNTHIA AMBROSE, Appellee

Appeal from Bexar County

MOTION FOR LEAVE TO FILE STATE PROSECUTING ATTORNEY'S POST-SUBMISSION BRIEF AS AMICUS CURIAE *****

LISA C. McMINN State Prosecuting Attorney BarI.D.No.13803300

JOHN R. MES SINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 [email protected] 512/463-1660 (Telephone) 512/463-5724 (Fax) TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State Prosecuting Attorney respectfully presents her motion for leave to file a Post-Submission Brief as Amicus Curiae under Texas Rule of Appellate Procedure 71.4. The State believes that re-examination of this Court's cases on the

standard for review of unpreserved charge error will assist the Court in resolving Appellee's issues presented.

PRAYER FOR RELIEF

WHEREFORE, the State of Texas prays that the Court of Criminal Appeals grant it leave to file its Post-Submission Brief as Amicus Curiae.

Respectfully submitted,

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 [email protected] 512/463-1660 (Telephone) 512/463-5724 (Fax) CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 16th day of October, 2015, a true and correct copy of the State's Motion for Leave to File a Post-Submission Brief as Amicus Curiae has been eFiled or e-mailed to the following: Dayna L. Jones 1800 McCullough Avenue San Antonio, Texas 78212 [email protected] S. Patrick Ballantyne Assistant Criminal District Attorney W.Nueva St., 7th floor San Antonio, Texas 78205 [email protected] Isi John R. Messinger John R. Messinger Assistant State Prosecuting Attorney