Ambrose, Cynthia

Opinion

FILED IN PD-0143-15 COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

August 20, 2015 Transmitted 8/20/2015 9:59:35 AM Accepted 8/20/2015 10:07:32 AM ABEL ACOSTA

ABEL ACOSTA. CLERK CLERK

Cause No. PD-0143-15

IN THE COURT OF CRIMINAL APPEALS FOR TEXAS

CYNTHIA AMBROSE, Appellant/Petitioner, § § On Discretionary Review § From the Fourth Court of § Appeals § San Antonio, Texas THE STATE OF TEXAS, § Cause No. 04-13-00788-CR Appellant/Respondent. §

STATE'S MOTION FOR

EXTENSION OF TIME TO FILE BRIEF [DEATH IN FAMILY]

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Now comes the State of Texas, Respondent in the above styled and numbered

cause, by and through the undersigned Assistant Criminal District Attorney,

pursuant to Rules of Appellate Procedure 38.6 and 10.5, and respectfully requests a

brief compassionate extension of the time to file its brief in response. In support of

this Motion, the State would show the following:

1. The State's brief is currently due today, Thursday, August 20, 2015. The

State is requesting a compassionate extension of the time to file its brief to

Monday, August 24, 2015, due to a death in the undersigned prosecutor's

family.

2. This morning, the undersigned prosecutor learned that his grandmother died

in her sleep at the age of 90. The undersigned prosecutor's family requires

his presence and assistance in making funereal arrangements and

transportation of his grandmother's remains from San Antonio to North

Dakota for burial.

3. The State's brief is substantially complete but requires proof-reading and

finalization before submission. This extension is sought not for the purposes

of delay but so that counsel for the State may meet both his professional and

familial obligations.

4. This Court has previously granted the State one 14 day extension in this case.

Petitioner was granted one 30 day extension in the submission of her brief.

Petitioner remains free on bond during the pendency of this appeal.

PRAYER

BY THE FOREGOING REASONS AND AUTHORITIES, the State of Texas

respectfully prays this Honorable Court extend the time to file the State's brief to

Monday, August 24, 2015.

Respectfully Submitted:

hYJ^Xxj S. Patrick Ballantyne Assistant Criminal District Attorney

Bexar County, Texas State Bar # 24053759 101 W. Nueva St., 7th floor San Antonio, Texas 78205 210-335-2277 (phone) sballantyne@bexar.org

CERTIFICATE OF SERVICE

I, S. Patrick Ballantyne, hereby certify that a true and correct copy ofthis Brief was transmitted this 31st day of July, 2015, to Dayna L. Jones, attorney of record for Petitioner by email and electronic service through a court approved eFiling system.

hV^Xxj S. Patrick Ballantyne