Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 4:42:53 PM JEFFREY D. KYLE Clerk NO. 03-15-00068-CR THIRD COURT OF APPEALS 11/24/2015 4:42:53 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00068-CR *1 ACCEPTED [7980646] CLERK KARL DEAN STAHMANN § IN THE THIRD
§
v. § DISTRICT COURT OF
§
THE STATE OF TEXAS § APPEALS OF TEXAS
STATE’S OBJECTION AND RESPONSE TO APPELLANT’S MOTION FOR EXTENSION
TO THE HONORABLE JUSTICES OF SAID COURT :
COMES NOW THE STATE OF TEXAS, by and through its Assistant District Attorney, and files this its Objection and Response to Appellant’s Motion
For Extension in the above-captioned cause. The State objects to and asks that this
Honorable Court deny Appellant’s Motion outright, or in the alternative order
Appellant to submit his brief within 30 days of November 11, 2015. In support of
said request, the State would show the following:
I. Appellant Is Attempting to Delay His Appeal. Following his placement on deferred adjudication, Appellant pled “true” to several of the allegations in the State’s Motion to Adjudicate. Appellant – currently
out on an appeal bond – is attempting to delay his appeal from said adjudication.
His brief from his prior attorney, Charles Baird, was originally due on or about
March 30, 2015. After a Notice of Late Brief was sent out on April 14 th , Appellant
filed three motions for extension of time, totaling 180 days. With the third motion,
the Court ordered Appellant to file his brief no later than October 9, 2015. [1] After
missing that deadline, Appellant submitted a motion to substitute counsel on
October 30, 2015.
Notably, Appellant’s new appellate counsel Ms. Kadirhan appears to share an office suite with his prior appellate counsel Mr. Baird; motions from each
attorney indicate they both practice out of 2312 Western Trails Blvd, Suite 102-A,
Austin, Texas 78745. Furthermore, they share a common phone number (512-804-
5911). After the motion to substitute was approved, Appellant’s new appellate
counsel filed the instant motion requesting another 60-day extension from
November 11, 2015. In said motion, counsel did not state the number of previous
extensions granted to Appellant (Tex. R. App. P. 10.5(b)(1)(D)), nor did counsel
assert the extension was not requested for the purpose of delay.
Because Appellant has already received over half a year to research and file his brief, this Court should deny the instant motion outright. In the alternative, the
Court should deny said motion at least in part, and order Appellant’s new counsel
to file the brief within 30 days of November 11, 2015, the date counsel was
appointed. Furthermore, the State asks that this Honorable Court require counsel to
explain – prior to the granting of any extension – the extent of the research and
notes provided to her from Appellant’s prior appellate counsel, as well as her level
*3 of communication and association with Appellant’s prior counsel, Mr. Baird,
regarding Appellant’s case. Additionally, the State requests that Appellant’s
counsel first be required to state that said extension is not requested for the purpose
of delay.
II. PRAYER
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays
that Appellant’s Motion be DENIED. In the alternative, the State prays that the
motion be denied at least in part, and Appellant be ordered to file his brief within
30 days of November 11, 2015, or whatever other time period the Court determines
is appropriate. Furthermore, prior to any further extensions, the State prays that the
Appellant’s new counsel state her level of familiarity with Appellant’s case,
including the extent of her communications with prior counsel Mr. Baird regarding
said case, and to state that the extension is not requested for the purpose of delay.
Further, the State prays for all other relief to which it may be entitled.
Respectfully submitted, /s/ Daniel Palmitier Daniel Palmitier
SBN: 24062934
palmid@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008 *4 CERTIFICATE OF SERVICE I, Daniel Palmitier, Assistant District Attorney for the State of Texas, Appellee, hereby certify that a true and correct copy of this State’s Objection and
Response to Appellant’s Motion for Extension has been delivered to Appellant
KARL DEAN STAHMANN’s attorney of record in this matter:
J. Deniz Kadirhan
Deniz@KadirhanLaw.com
2312 Western Trails Blvd, Suite 102-A
Austin, Texas 78745
Tel: 512-804-5911
Counsel for Appellant on Appeal
by electronic mail service through efile.txcourts.gov, this 24 th day of November,
2015.
/s/ Daniel Palmitier Daniel Palmitier
[1] Appellant’s Motion incorrectly states that the Court ordered the brief filed by October 30, 2015.