Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/9/2015 1:00:22 PM JEFFREY D. KYLE Clerk NO. 03-14-00722-CR; 03-14-00723-CR; 03-14-00724-CR THIRD COURT OF APPEALS 9/9/2015 1:00:22 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00723-CR *1 ACCEPTED ^[6845552] CLERK

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

MARK FRUGE § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 331 ST JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-200256, D1-DC-13-200257, AND D1-DC-13-200259

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 convictions for Aggravated Assault with a Deadly Weapon;

Aggravated Assault Against a Public Servant; and Aggravated Robbery with a Deadly

Weapon, the appellant filed his notice of appeal in the above causes on November 3,

2014. Appellant’s counsel filed a brief on August 10, 2015.

(c) The State’s brief is currently due on September 9, 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: 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 October 9, 2015.

Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Matthew Foye Matthew Foye Assistant District Attorney State Bar No. 24043661 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Matthew.Foye@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

244 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/ Matthew Foye Matthew Foye Assistant District Attorney CERTIFICATE OF SERVICE

I hereby certify that, on the 9 th day of September, 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,

arielpayan@hotmail.com .

/s/ Matthew Foye Matthew Foye Assistant District Attorney