Clifton Crews Hoyt v. State

Opinion

ACCEPTED

03-15-00228-CR

7353245

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/13/2015 2:30:03 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00228-CR

CLIFTON CREWS HOYT IN THE FILED IN

3rd COURT OF APPEALS

V. AUSTIN, TEXAS THIRD COURT OF APPEALS

10/13/2015 2:30:03 PM

THE STATE OF TEXAS AUSTIN, TEXAS JEFFREY D. KYLE Clerk

STATE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

NOW COMES the State of Texas, Appellee in the above entitled and numbered

cause and files this Motion for Extension of Time to File Appellee's Brief, and in support

thereof would show the Court the following:

I.

Appellant was found guilty of Driving While Intoxicated, 3rd or more, a Third

Degree felony enhanced to a Second Degree felony, and the Judge assessed

punishment at 14 years confinement in the Texas Department of Criminal Justice on

March 17, 2015. Appellant filed a Notice of Appeal on April 14, 2015. Appellant's brief

was filed on September 14, 2015. The State's brief is currently due on October 14, 2015.

II.

The State has not requested an extension in this case prior to this request.

III.

The State requests this extension of time due to the following: Counsel for the

State has been involved in prosecution of cases including preparation for contested

hearings, pretrial hearings, grand jury case review, negotiations with opposing counsel,

guilty pleas and other hearings in additional pending felony cases. Additionally, Counsel

for the State was out of the office while attending the Texas District and County Attorney’s

Association’s Annual Criminal & Civil Law Update from September 22nd to September 25th, 2015.

WHEREFORE, The Attorney for the State requests an extension of thirty (30) days

to November 13, 2015, in which to file State's Brief.

Respectfully submitted,

_________________________

Richard Villarreal Assistant District Attorney 51st Judicial District 124 W. Beauregard, Suite B San Angelo, TX 76903 (325) 659-6583 State Bar No. 00797602

SWORN TO AND SUBSCRIBED before me by the said Richard Villarreal, this 13th day of October, A. D. 2015.

_______________________

Notary Public State of Texas

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for Extension

of Time to File Appellee's Brief was this 13th day of October, 2015, delivered to John

Thomas Floyd III and Christopher M. Choate, Attorneys for Appellant, through e-file

.txcourts.gov .

_________________________

Richard Villarreal