*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/13/2015 2:42:18 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 10/13/2015 2:42:18 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00301-CR *1 ACCEPTED ^[7353683] CLERK

NO. 03-15-000301-CR

COURT OF APPEALS

FOR THE

AUSTIN SUPREME JUDICIAL DISTRICT

EX PARTE JOSE C. LOREDO,

Appellant

APPEAL FROM

COUNTY COURT AT LAW NO. 1

HAYS COUNTY, TEXAS

TRIAL COURT CAUSE NO. 095790

MOTION FOR LEAVE TO FILE UNTIMELY APPELLEE'S BRIEF

Ph: (512) 393-7600 / Fax: (512) 393-2246

Attorney for the State of Texas

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 October 12, 2015.

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

3. For the foregoing reason, the undersigned attomey hereby requests leave to

untimely file this Appellee's Briefpursuant to Texas Rules of Appellate

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

Respectfully submitted,

First Assistant Criminal District Attomey

Ph: (512) 393-7600 /Fax: (512) 393-2246

Attomey for the State of Texas

CERTIFICATE OF SERVICE

I certifythat on October 13, 2015,1 served the above motion by email to David

A. Mendoza at attomeydavidmendoza@gmail.com, in accordance with the Texas

Rules of Appellate Procedure.