Case Information

*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 6/1/2015 1:09:47 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01186-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 6/1/2015 1:09:47 PM LISA MATZ CLERK

IN THE COURT OF APPEALS FOR THE

FIFTH DISTRICT OF TEXAS AT DALLAS

KEVIN ALLEN FOSTER, §

APPELLANT §

§ No. 05-14-01186-CR

v. §

§

THE STATE OF TEXAS, §

APPELLEE §

STATE’S FIRST MOTION FOR EXTENSION OF TIME

TO FILE STATE’S BRIEF

COMES NOW, the State of Texas, by and through the Criminal District

Attorney of Collin County, Greg Willis, and tenders, pursuant to Texas Rules of

Appellate Procedure 10.5(b) and 38.6(d), its first motion for an extension of time

to file the State’s brief. In support of this motion, the State would show the

following:

I.

The Court below is the 416th Judicial District Court of Collin County,

Texas. The case is styled State of Texas v. Keven Allen Foster, cause number 366-

80380-2014.

II.

Appellee was convicted by a jury of continuous sexual abuse of a child and

sentenced by the trial court to fifty years in prison.

III.

The State’s brief was due on May 24, 2015. The State has not previously

requested an extension of time. The case is not yet set for submission.

IV.

The State is requesting this extension so that it might adequately address the

issues at hand. The extension is not requested for the purpose of an improper delay.

V.

The State alleges good cause exists for the extension. The undersigned has

filed one brief and two oral arguments before this Court in the past month.

Additionally, undersigned was out of town for the Memorial Day holiday. The

State’s brief is filed contemporaneous with this motion.

WHEREFORE, premises considered, the State respectfully requests that the

Court grant the State’s motion to extend the time to file its brief for eight days ,

until June 1, 2015 .

Respectfully submitted,

GREG WILLIS

Criminal District Attorney

Collin County, Texas

JOHN R. ROLATER, JR.

Chief of the Appellate Division

/s/ Andrea L. Westerfeld

ANDREA L. WESTERFELD

2100 Bloomdale Rd., Ste. 200

McKinney, Texas 75071

State Bar No. 24042143

(972) 548-4323

FAX (214) 491-4860

awesterfeld@co.collin.tx.us

CERTIFICATE OF SERVICE

A true copy of the State’s First Motion for Extension of Time to File State’s

Brief has been electronically served on counsel for Appellant, Debbie Lopez-Carr,

and a courtesy copy emailed to ourgoodlawyer@gmail.com, on this, the 1st day of

June, 2015.

/s/ Andrea L. Westerfeld

Andrea L. Westerfeld