Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/21/2015 2:28:18 PM JEFFREY D. KYLE Clerk NO. 03-14-00180-CR THIRD COURT OF APPEALS 1/21/2015 2:28:18 PM JEFFREY D. KYLE 03-14-00180-CR AUSTIN, TEXAS *1 ACCEPTED [3846935] CLERK IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS CURTIS ADAMS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 299 TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS CAUSE NO. D1-DC-11-904084 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 Assault, the appellant filed his
notice of appeal in the above cause on February 17, 2012. Appellant’s original appeal
was dismissed for want of jurisdiction. However, the Court of Criminal appeals
granted an out-of-time appeal for the appellant on April 14, 2014. Appellant’s counsel
filed a brief on October 22, 2014.
(c) The State’s brief is currently due on January 21, 2015 .
(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. The attorney assigned to this case is a part-time attorney and has not had
sufficient time to prepare an adequate responsive brief.
2. During the period since the appellant’s brief was filed, the undersigned
attorney has completed and filed an original brief in four other pending
appellate cases, (i.e., Thomas Atkinson v. State of Texas, No. 03-13-00746-
CR; Paul Ahern v. State of Texas, No. 03-14-00090-CR; Terri Elmore-
Munoz v. State of Texas, No. 03-14-00136-CR; and T.T. v. Texas
Department of Family and Protective Services, No. 03-14-00659-CV). The
undersigned attorney is also responsible for preparing the State’s brief in two
other pending appellate cases, ( W.W. v. Texas Department of Family and
Protective Services, No. 03-14-00590-CV; and Jesus Villalobos, Jr. v. State
of Texas, No. 03-13-00687-CR).
3. 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 February 20, 2015.
Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Rosa Theofanis Rosa Theofanis Assistant District Attorney State Bar No. 24037591 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Rosa.Theofanis@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
340 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/ Rosa Theofanis Rosa Theofanis Assistant District Attorney CERTIFICATE OF SERVICE I hereby certify that, on the 21 st day of January, 2015, 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, Ariel Payan,
Attorney at Law, 1012 Rio Grande, Austin, Texas 78701.
/s/ Rosa Theofanis Rosa Theofanis Assistant District Attorney