DeAndre Dwight Joseph A/K/A Joseph DeAndre A/K/A DeAndre Dwight Parks A/K/A/ DeAndre Parks A/K/A DeAndre Joseph A/K/A DeAndra Dwight Joseph v. State, 03-15-00209-CR

DeAndre Dwight Joseph A/K/A Joseph DeAndre A/K/A DeAndre Dwight Parks A/K/A/ DeAndre Parks A/K/A DeAndre Joseph A/K/A DeAndra Dwight Joseph v. State

03-15-00209-CR

| Tex. App. | Aug 19, 2015

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*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/19/2015 9:11:35 AM JEFFREY D. KYLE Clerk NO. 03-15-00209-CR THIRD COURT OF APPEALS 8/19/2015 9:11:35 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00209-CR *1 ACCEPTED ^[6554925] CLERK

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

DEANDREE DWIGHT JOSEPH § APPELLANT aka DEANDRE DWIGHT PARKS

VS. §

THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 403 RD JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-15-904009

STATE'S FIRST 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 with a Deadly Weapon

and Attempted Arson, the appellant filed his notice of appeal in the above cause on

April 7, 2015. Appellant filed a brief on July 20, 2015.

(b) The State’s brief is currently due on August 19, 2015 .

by 30 days .

(d) The number of previous extensions of time granted for submission of

the State’s brief is: none .

(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 been working on other pressing appellate matters

and has not had sufficient time to prepare an adequate response to

this brief.

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 September 18, 2015.

Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Lisa Stewart Lisa Stewart Assistant District Attorney State Bar No. 06022700 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Lisa.Stewart@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

233 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/ Lisa Stewart Lisa Stewart Assistant District Attorney CERTIFICATE OF SERVICE

I hereby certify that, on the 19 th day of August, 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,

Randy Schaffer, Attorney at Law, 1301 McKinney, Suite 3100, Houston, Texas

77010, noguilt@swbell.net.

/s/ Lisa Stewart Lisa Stewart Assistant District Attorney