Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/6/2017 1:40:03 PM JEFFREY D. KYLE Clerk NO. 03-16-00332-CR THIRD COURT OF APPEALS JEFFREY D. KYLE 12/6/2017 1:40 PM AUSTIN, TEXAS 03-16-00332-CR *1 ACCEPTED [21120447] CLERK COURT OF APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICT CLIFTON BRYANT HENNINGTON, Appellant VS.
THE STATE OF TEXAS, Appellee APPEAL FROM THE 207TH JUDICIAL DISTRICT COURT HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. 14-0271 THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE STATE’S BRIEF
712 South Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 State Bar No. 24041021 Attorney for the State of Texas Ralph.guerrero@co.hays.tx.us *2 TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
The State files this First Motion for Extension of Time in Which to File State’s
Brief, and in support states:
1. The State’s current deadline for filing its brief is December 6, 2017.
2. This is the State’s Third Motion for Extension of Time in which to file its
brief.
3. The State respectfully requests an extension of approximately 6 days, until
December 12, 2017, in which to file its brief.
4. The undersigned is the Hays County Criminal District Attorney First
Assistant with time-consuming managerial obligations.
5. The undersigned was on vacation from November 2, 2017, through
November 6, 2017. The undersigned then continued preparing for a custody
Injury to an Elderly Causing Serious Bodily Injury, Aggravated Assault with
a Deadly Weapon-Family Violence, and Unauthorized Use of a Motor
Vehicle trial, State v. Gerald Glen Roberts , in Cause No. Cr 15-0745, set to
begin November 27, 2017, but was continued even though it was longest
pending custody case on the docket.
6. The undersigned has been working on the State’s Brief since the November
27, 2017, trial was continued, including during the Thanksgiving holidays.
Unfortunately, the undersigned’s administrative responsibilities have proved
distracting. In an effort to hire 6 new employees, including two new
attorneys, the undersigned has conducted over 22 time consuming
interviews over the past 7 days. The undersigned will continue working on
the State’s Brief and will file it as soon as possible.
7. This extension is not being sought to cause undue delay, but to seek justice.
8. The State respectfully requests that the Court grant an approximate six
day extension for filing Appellee’s Brief, until December 12, 2017.
Respectfully submitted, By:
712 South Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 State Bar No. 24041021 Attorney for the State of Texas Ralph.guerrero@co.hays.tx.us *4 CERTIFICATE OF CONFERENCE I certify that I have conferred with opposing counsel regarding this motion for
extension of time. Mr. Dal Ruggles does not oppose this motion.
Raphael A. Guerrero Criminal District Attorney First Assistant CERTIFICATE OF SERVICE I certify that a true copy of the foregoing brief has been email-delivered to:
Mr. Dal Ruggles via e-service: dal@ruggleslaw.com on this the 6 th day of
November.