Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 3:13:29 PM JEFFREY D. KYLE Clerk NO. 03-15-00247-CR THIRD COURT OF APPEALS 10/16/2015 3:13:29 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00247-CR *1 ACCEPTED [7416156] CLERK KAYLA JEAN LARDIERI § IN THE THIRD
V. § DISTRICT COURT OF
THE STATE OF TEXAS § APPEALS OF TEXAS
STATE’S UNOPPOSED FOURTH & FINAL MOTION TO EXTEND TIME
TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves for an extension of time of 10 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted by a jury of Attempt to Commit Capital Murder,
Aggravated Kidnapping, Aggravated Robbery, and Tampering with Physical
Evidence. Her punishment was assessed by the trial court at 30 years for the
Attempted Capital Murder, Aggravated Kidnapping and Aggravated Robbery
offenses, for which there was a deadly weapon finding. She received 10 years for
the Tampering offense. The sentences were to be served concurrently. Appellant
was also assessed court costs. Appellant’s brief was filed on July 2, 2015. The
State’s brief is currently due on October 16, 2015.
II.
Chari Kelly – the attorney for the State at trial – is handling this brief on
appeal. On October 5 she had an aggravated kidnapping trial in CR2014-530.
Additionally, this past week she made several appearances in court to manage her
regular docket and conduct plea negotiations. She has also handled intake and
grand jury within the past two weeks. This weekend she will have to prepare for a
retrial of the punishment phase in CR2011-575. She has completed some of the
work on the State’s response. However, because of the foregoing, she has not yet
been able to finish it, and the State respectfully requests an extension of 10 days to
file its brief in the instant cause. This is the fourth and final extension sought by
Appellee. Appellant does not oppose the instant motion.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 10 days, until October 26, 2015, so that an
adequate response may be made to Appellant’s brief. This extension is not
requested for purposes of delay but so that justice may be done.
Respectfully submitted, Joshua D. Presley - SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 *3 Ph: (830) 221-1300 / Fax: (830) 608-2008 CERTIFICATE OF SERVICE I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this State’s Unopposed
Fourth & Final Motion to Extend Time to File Brief has been delivered to
Appellant KAYLA JEAN LARDIERI’s attorney in this matter:
Paul A. Finley
pfinley@reaganburrus.com
Reagan Burrus, PLLC
401 Main Plaza, Suite 200
New Braunfels, TX 78130
Counsel for Appellant on Appeal
by electronically sending it to the above-listed email address through
efile.txcourts.gov, this 16 day of October, 2015.
/s/ Joshua D. Presley Joshua D. Presley CERTIFICATE OF CONFERENCE I certify that I have conferred or made reasonable attempts to confer with all
other parties about the merits of this motion and whether the parties oppose the
motion. Mr. Paul Finley, Attorney for Appellant KAYLA JEAN LARDIERI, was
not opposed to the instant motion.
Joshua D. Presley