Charles Anthony Malouff, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2015
• Docket: 03-13-00723-CR
• Status: Published

Opinion

ACCEPTED 03-13-00723-CR 3762027 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 10:42:02 AM JEFFREY D. KYLE No. 03-13-00723-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 10:42:02 AM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

CHARLES ANTHONY MALOUFF, § APPELLANT JR. VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-904021

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 conviction for Securing Execution of a Document by

Deception, the appellant filed his notice of appeal in the above cause on October 24,

2013. Appellant’s counsel filed a brief on November 10, 2014.

1 (b) The State’s brief is currently due on December 10, 2014.

(c) This request is that the deadline for filing the State’s brief be extended by

60 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 the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in three other pending

appellate cases, (i.e., John Albert Rendon v. State of Texas, No. 11-14-

00080-CR; Frank Howard McMarion v. State of Texas, No. 03-14-00140-

CR to 03-14-00145-CR; and Jose Luis Sosa v. State of Texas, No. 03-13-

00764-CR). The undersigned attorney is responsible for preparing the State’s

brief in another pending appellate case, (i.e., Shriya Patel v. State of Texas,

No. 03-14-00238-CR).

2. In addition, the undersigned attorney, as the director of the Appellate

Division of the Travis County District Attorney’s Office, has been required,

during the pendency of the instant appeal, to spend a considerable amount of

time working on a variety of other legal matters and administrative issues.

3. The State’s failure to request an extension before the due date is 2 attributable to a clerical error.

4. 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 February 9, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/ M. Scott Taliaferro M. Scott Taliaferro Assistant District Attorney State Bar No. 00785584 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. (512) 854-4810 Scott.Taliaferro@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 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

342 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/ M. Scott Taliaferro M. Scott Taliaferro Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 14th day of January, 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.

/s/ M. Scott Taliaferro M. Scott Taliaferro Assistant District Attorney