Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/27/2015 4:56:06 PM CHRISTOPHER A. PRINE Clerk
*1 ACCEPTED 01-14-00496-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 2/27/2015 4:56:06 PM CHRISTOPHER PRINE
CLERK No. 01-14-00496-CR In the Court of Appeals for the First District of Texas At Houston Cause No. 2013R-0086 In the 1551h District Court Of Austin County, Texas
PATRICK I.ITIRD, Appellant THE STATE OF TEXAS, Appellee FIRST MOTION FOR EXTENSION OF T IMII F o F ILING APPF,T,I,F,F,'S RRIEF TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Assistant District Attomey Brandy Robinson, Appellee, moves the court for an extension of time for filing Appellee's brief. The present date for filing is March 6,2015, and Appellee requests said time be extended until April 6,2015.
I Appellee seeks an extension of time for the follou,ing reasons: Appellant's motion alleges insufficiency of the evidence, and Appellee's [1] response requires extensive fact-intensive briefing. *2 Appellant filed Appellant's Brief in this matter on February 4, 2015.
2 Appellee subsequently completed other appellate matters. Appellee filed its brief in Wheeler v. State, 01-14-0868-CR, on February 5, 2015. Appellee completed and filed its brief in Marek v. State, 0l-14-00431-CR, on February 9,2015. Appellee is first chair on a contested Motion to Adjudicate hearing on State
3 v. Laura Lyons, Possession of a Controlled Substance (First Degree Felony),2007R-0116 at 1:30 p.m. on March 3,2015 and has been preparing for that hearing. Appellee is first chair on the trial to determine competency on State v.
4 Pickron, Murder, 2011R-0076, and has been actively preparing for this competency trial, with evidence to begin the afternoon of March 9,2015.
) Appellee is first chair on the trial of State v. Holba, Continuous Sexual Abuse of a Child, 2013R-0094, and has been actively preparing for trial, with evidence to begin on March [1] 1, 2015. Appellee's office has only four attorneys, and Appellee is responsible for
6 all appellate matters within the office. As part of Appellee's additional responsibilities as a misdemeanor and felony prosecutor, Appellee has represented the State on felony and misdemeanor dockets on February 12ft, 171h, and lgth, 2015, and will be required to represent the State on felony and misdemeanor dockets on March 3'd, 5th, 19th, 241h, and 26th,2015.
II.
*3 This is the first extension requested. Appellee has contacted Appellant,s counsel, who does not oppose the extension. There have been no previous extensions. ilt. Appellee moves to extend time to file Appellee's Brief until April 6, 2015. Respectfully subrni tt"d, Bran y N. Robinson Asst. Criminal District Attorney One East Main Bellville, Texas 7741 8 (979) 865-s933 State Bar No. 24051688
CERTIFICATE OF SERVICE
I, Brandy Robinson, hereby certiff that a true and correct copy of the First Motion for Extension of Time for Filing Appellee's Brief has been served upon, Calvin Garvie, attomey for Appellant, via email at texattycg@aol.com.
1 Date: 7'sr-tS /. 'a2-- dy o tnson *4 STATE OF TEXAS $ $
COI.INTY OF AUSTIN $ BEFORE ME, the undersigned authority, on this day personally appeared Brandy N. Robinson, who after being duly sworn upon her oath did depose and state: "My name is Brandy N. Robinson, and I am the attorney of record for the Appetlee in the foregoing entitled and numbered cause. I am familiar with the facts and allegations contained in the foregoing First Motion for Extension of Time for Filing Appellee's Brief, and they are correct."
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Bran dy N. Robinson SUBSCRIBED AND SWORN to before me this the ff ay ot?QtJUartt , 2015. ----J
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of Texas Public, State o , % 3-a0lb Commission Expires LISATOBOLA Notary Public, Stato ot Texas Commlssion Exptes 09J3-2016