*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/17/2015 3:29:19 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 8/17/2015 3:29:19 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00578-CR *1 ACCEPTED ^[6527835] CLERK NO. 03-14-00578-CR COURT OF APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICT

DANIEL RAYMOND VADNAIS, Appellant VS.

THE STATE OF TEXAS, Appellee APPEAL FROM THE 22ND JUDICIAL DISTRICT COURT

HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. CR-13-0651

MOTION FOR LEAVE TO FILE UNTIMELY APPELLEE'S BRIEF

Whitney L. Borgman Assistant Criminal District Attorney ORAL ARGUMENT IS ph; (512) 393-7600 / Fax: (512) 393-2246

NOT REQUESTED state Bar No. 24082224

Whitney.borgnian@co.hays.tx.us *2 TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

)

Now comes Appellee, the State of Texas, and files this Motion for Leave to

File an Untimely Appellee's Brief, and in support states the following:

1. Appellee's Brief was due on July 31, 2015.

2. Attorney for the Appellee, Whitney L. Borgman began working for the Hays

County District Attorney's Office on June 1, 2015 and attended CLE trainings

July 20-24, 2015 and August 5, 2015 and was out of the office.

3. This Motion is not sought for delay, but so justice may be served.

4. For the foregoing reason, the undersigned attorney hereby requests leave to

untimely files this Appellee's Brief pursuant to Texas Rules of Appellate

Procedure, Rule 38.6, which provides modifications of filing time.

Respectfully submitted, Whitney L. BojJman Asst. Criminal District Attorney Hays County Government Center Ph: (512) 393-7600/Fax: (512) 393-2246 State Bar No. 24082224 whitney.borgman@co.hays.tx.us *3 CERTIFICATE OF SERVICE I herebycertifythat a true copy of the foregoing motion has been e-delivered

to:

Dal Ruggles

1103 Nueces

Austin, Texas 78701

dal@ruggleslaw.com

On this the 17th day of August, 2015.

litney L. Borgjnan

Asst. Criminal Sistrict Attorney