Case Information

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NO.03-14-00499-CV

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

ROBERT LEE MARTIN VS.

THE STATE OF TEXAS

APPELLEE

APPEAL FROM THE 331stJUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO.95-5530

RECEIVED

JAN 162815 THIRD COURT OF APPEALS JEZYNEY 6, KN.C.

APPELLANTS OBJECTION

TO THE STATES SECOND

MOTION FOR

EXTENSION OF TIME

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TO THE HONORABLE COURT OF APPEALS:

The Appellant respectfully moves for this court to STRIKE the instant Motion for an Extension of the deadline for filing the States brief.

Appellant exerts the states brief was currently due on December lst, 2014 and the State requested that the deadline be extended by 30 (thirty) days or until January 30th, 2015.

The State relies upon the following facts to explain its need for an extension of the deadline:

1. During the period since the appellants brief was filed M. SCOTT TALIAFERRO, assistant district attorney on the first request for the deadline be extended has completed and filed an original brief in two other pending appellate cases. He further stated that he had two other pending appellant cases and that he as the Director of the Appellate Division of Travis County District Attorney's Office has spent a considerable amount of time working on a variety of other matters and administrative issues.

Now, on this Second(2nd) request that the deadline be extended, the Assistant District Attorney is KATHRYN A SCALES, a different District Attorney. Although she is a different District Attorney she relies upon the same facts to reasonably explain the need for an extension of the deadline.

Appellant opposes the instant MOTION FOR AN EXTENSION OF THE DEADLINE FOR FILING THE STATES BRIEF.

Appellant filed his MOTION FOR APPOINTMENT OF COUNSEL, oUrsuant to CHAPTER 64 of the TEXAS CODE OF CRIMINAL PROCEDURE on July 10th, 2011. The Trial Court took 3(three) years to consider and rule on Appellants Motion which was denied on July 18th, 2014. The District Attorney has had more then enough time to ensure that the Court has

*3 a proper States brief to aid in the disposition of this cause # 95-5530.The District Attorneys office has numerous assistant District Attorney's that could file the brief for State especially one who has no heavy case load and are able to file the brief without requesting an extension of the deadline.

The State has had more then enough time to file its brief. The Appellant OBJECIS, to the States (2nd)second Motion for Extension of the deadline and request this Court to STRIKE the States instant Motion for extension of the deadline.

The request is not made for purpose of delay, but to ensure that the disposition of Appellants brief is handle properly.

PRAYER

Wherefore, the Appellant respectfully request that this Court STRIKES the States (2nd) second MOTION FOR EXTENSION OF THE DEADLINE.

Resectfully, Submitted

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CERTIFICATE OF SERVICE

I hereby certify that on the 12 day of January, as is a true and Correct copy of this motion was served, by U.S.MAIL to the following parties

Signed on January-12-2015

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*105629

Robert Lee Martin

Clenport Unit Pool Spur 591 Amorillo, N. 19101-9606

Tawing-12-2015

Office of the Clerk

Court of Agents Third District Anstiv N.

Dean Clerk

Ew closed up with final appellant Robert Lee Martins, Motion for Objection to the States Second and Third for Extension to the attention of the Court of Appeals.

Thank you for your Consideration

Snoege

Robert Lee Martin

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