Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/18/2016 1:36:07 PM JEFFREY D. KYLE Clerk NO. 03-15-00735-CR THIRD COURT OF APPEALS 11/18/2016 1:36:07 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00735-CR *1 ACCEPTED [13877101] CLERK
IN THE
COURT OF APPEALS
THIRD DISTRICT OF TEXAS
AUSTIN, TEXAS
VICTOR ROSALES § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 299 TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D-1-DC-14-300723
STATE'S THIRD MOTION FOR EXTENSION OF TIME
TO THE HONORABLE COURT OF APPEALS:
The State of Texas respectfully moves for an extension of the deadline for filing
the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and
10.5(b), advises the Court as follows:
(a) Following his conviction for Aggravated Sexual Assault of a Child, the
appellant filed his notice of appeal in the above cause on November 20, 2015.
Appellant’s counsel filed a brief on August 19, 2016.
(b) The State’s brief is currently due on November 18, 2016 .
(c) This request is that the deadline for filing the State’s brief be extended by
30 days .
(d) The number of previous extensions of time granted for submission of the
State’s brief is: two .
(e) The State relies upon the following facts to reasonably explain the need
for an extension of the deadline:
1. During the period since this brief was filed, the attorney assigned to this case
has completed and filed the State’s brief in another pending appellate case
(i.e. Edward Funderburke v. State of Texas , No. 03-15-00634-CR). The
undersigned attorney has also been assigned to prepare a response for two
other pending appellate cases, (i.e. Robert Lee Martin v. State of Texas, No.
03-16-00575-CR; and Jose Hernandez-Javier v. State of Texas, No. 08-16-
00195-CR).
2. This request is not made for the purpose of delay, but to ensure that the Court
has a proper State’s brief to aid in the just disposition of the above cause.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to December 19, 2016.
Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Matthew Foye Matthew Foye Assistant District Attorney State Bar No. 24043661 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4811 Matthew.Foye@traviscountytx.gov AppellateTCDA@traviscountytx.gov *4 CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based
upon the computer program used to generate this motion, that this motion contains
266 words, excluding words contained in those parts of the motion that Rule 9.4(i)
exempts from inclusion in the word count. I certify, further, that this motion is
printed in a conventional, 14-point typeface.
/s/ Matthew Foye Matthew Foye Assistant District Attorney CERTIFICATE OF SERVICE
I hereby certify that, on the 18 th day of November, 2016, a true and correct
copy of this motion was served, by U.S. mail, electronic mail, facsimile, or
electronically through the electronic filing manager, to the Appellant’s attorney,
Richard E. Wetzel, Attorney at Law, 1411 West Avenue, Suite 100, Austin, Texas
78701, Wetzel_law@1411west.com .
/s/ Matthew Foye Matthew Foye Assistant District Attorney