Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 5/20/2015 10:07:51 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00246-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/20/2015 10:07:51 AM KEITH HOTTLE CLERK No. 04-14-00246-CR

IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT OF TEXAS

SAN ANTONIO, TEXAS

____________________________________________________________

DESTYN DAVID FREDERICK,

Appellant v.

THE STATE OF TEXAS,

Appellee ______________________________________________________________________________

On Appeal from the 81 st District Court

Frio County, Texas

Cause Number 11-09-00041-CRL

______________________________________________________________________________

STATE’S FIRST MOTION FOR EXTENSION

OF TIME TO FILE BRIEF

______________________________________________________________________________

Rene M. Pena / 218 Tele: (830) 393-2200 Fax: (830) 393-2205 State Bar No. 24002459 Attorneys for the State of Texas *2

TATE ’ F IRST OTION F OR E XTENSION O F IME O F ILE RIEF The State of Texas, under the authority of Rules 10.5(b) and 38.6(d), Texas Rules

of Appellate Procedure asks the Court to extend time to file the State’s Brief from May

20, 2015, to and including June 19, 2015, a period of thirty (30) days.

1. Appellant was found guilty in cause number 11-09-00041-CRl for Murder.

2. The State’s Brief is presently due on May 20, 2015.

3. The State of Texas respectfully requests an additional thirty (30) days to file its

brief, that is, an extension of time until June 19, 2015.

4. No previous extension has been requested by the State.

5. The State of Texas requests this extension based on the following reasons: The 81 Judicial District Attorney’s Office covers five (5) counties and

A.

over two hundred miles. Our office does not have an appellate section.

All appellate work is done at times when prosecutors are not in court, not

preparing for trial, or not preparing for grand jury.

B. The State is still in the process of reviewing the reporter’s record and

clerk’s record, as well as Appellant’s brief to ensure that the State’s Brief

is fully conversant on all legal and factual points before the court.

For these reasons, the State asks the Court to grant an extension of thirty (30) days

to June 19, 2015, within which the State may file its brief in this cause.

Respectfully submitted, Rene M. Pena T T EXAS B AR N UMBER 00792752 / ARC L EDET Telephone (830) 393-2200 Telecopier (830) 393-2205 EXAS AR N UMBER 24002459 Attorneys for the State of Texas Certificate of Service

I hereby certify that the above and foregoing was sent to Richard Langlois, 217

Arden Grove, San Antonio, TX 78215 on the 20 day of May, 2015 in accordance with

the Texas Rules of Procedure.

/s Marc Ledet