Charles Anthony Malouff, Jr. v. State

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.

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(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

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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

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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