Angelita Rodriguez Pacheco v. State

Opinion

ACCEPTED 03-14-00676-CR 6685580 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/27/2015 3:24:03 PM JEFFREY D. KYLE CLERK NO. 03-14-00676-CR

ANGELITA RODRIGUEZ PACHECO, § IN THE COURT OF APPEALS FILED IN Appellant § 3rd COURT OF APPEALS § AUSTIN, TEXAS VS. § THIRD DISTRICT 8/27/2015 3:24:03 PM § JEFFREY D. KYLE § Clerk THE STATE OF TEXAS, § AUSTIN, TEXAS Appellee §

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

This motion is presented by the State of Texas, by and through the

undersigned Assistant District Attorney, and in support would show:

I.

The Appellant’s brief was filed on July 28, 2015. The brief for the State of

Texas, Appellee, is due on August 27, 2015.

II.

The undersigned serves as an Assistant District Attorney in the 33 rd and 424th

District Attorney’s office in Burnet, Texas. In the time since the Appellant

submitted her brief, the undersigned has been required to take on additional day-to-

day responsibilities as a result of the departure of another Assistant District Attorney

from the 33rd and 424th District Attorney’s office, leaving only the undersigned and

one other Assistant District Attorney to manage the general felony criminal docket

Page 1 of 3 for Burnet County. As a result, in the last month the undersigned has been required

to prepare three cases for trial (on August 3rd, August 11th, and August 17th) and

managed nine criminal docket settings and one Grand Jury setting. These

circumstances have not afforded the time to perform the research necessary to

adequately address the points raised by the Appellant in his brief.

III.

In this case Appellant raises four issues which will require extensive research

and a thorough familiarity with the trial record to adequately address. The

undersigned will need an additional 60 days to prepare and file the Appellee’s Brief

in this case. This is the first motion for extension of time that the State of Texas has

sought in this case.

PRAYER

The State of Texas, in consideration of the facts and circumstances set forth

herein above, prays the Court grant this motion and extend the due date for the

Appellee’s Brief to October 26, 2015.

Page 2 of 3 Respectfully submitted,

OFFICE OF DISTRICT ATTORNEY 33RD and 424th JUDICIAL DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725 Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274

/s/ R. Blake Ewing By: ________________________________ R. Blake Ewing Assistant District Attorney State Bar No. 24076376 ATTORNEY FOR APPELLEE

CERTIFICATE OF SERVICE

This is to certify that a true copy of the above and foregoing instrument, together with this proof of service hereof, has been forwarded on the 27th day of August 2015, to Mr. Gary Prust, Attorney for Appellant, by facsimile and/or by email at gary@prustlaw.com

/s/ R. Blake Ewing _____________________________ R. Blake Ewing Assistant District Attorney

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