Cole, Steven

Opinion

PD-0077-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 5/22/2015 5:40:52 PM May 26, 2015 Accepted 5/26/2015 8:26:19 AM ABEL ACOSTA

No. PD-0077-15 CLERK

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

STEVEN COLE, Appellant V.

STATE OF TEXAS, Appellee

Appeal from Gregg County

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STATE’S MOTION TO EXTEND TIME FOR FILING ITS BRIEF ON THE MERITS

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Lisa C. McMinn

State Prosecuting Attorney Bar I.D. No. 13803300

P. O. Box 13046

Austin, Texas 78711

information@spa.texas.gov 512/463-1660 (Telephone)

512/463-5724 (Fax)

No. PD-0077-15

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

STEVEN COLE, Appellant V. STATE OF TEXAS, Appellee

* * * * *

STATE’S MOTION TO EXTEND TIME FOR FILING ITS BRIEF ON THE MERITS

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TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Pursuant to the Rules of Appellate Procedure, the State moves this Honorable Court to extend the time for filing its Brief on the Merits in this case to and including the 5th day of June, 2015. This Court granted the State’s petition for discretionary review on April 22, 2015, and the deadline for filing the State’s brief is May, 22, 2015.

The State is unable to file its petition by the deadline for the following reasons:

Counsel spoke at a judicial conference in Dallas on May 15, 2015, presented oral argument to this Court in Peraza v. State, No. PD-0100-15 & 0101-15 on May 20, 2015, and filed the State’s brief in Leming v. State, No. PD-0072-15 on May 20, 2015.

WHEREFORE, the State prays that its motion to extend the time for filing its Brief on the Merits until June 5, 2015, be granted.

Respectfully submitted,

/s/ Lisa C. McMinn

Lisa C. McMinn

State Prosecuting Attorney Bar I.D. No. 13803300

P.O. Box 13046

Austin, Texas 78701

information@spa.texas.gov 512/463-1660 (Telephone)

512-463-5724 (Fax)

CERTIFICATE OF SERVICE

A copy of the foregoing State’s Motion to Extend the Time for Filing its Brief on the Merits has been e-served or e-mailed on this the 22nd day of May, 2015 to:

Zan Colson Brown Assistant District Attorney 101 East Methvin, Suite 333 Longview, Texas, 75601 zan.brown@co.gregg.tx.us

Ebb Mobley P.O. Box 2309 Longview, Texas 75606 ebbmob@aol.com

/s/ Lisa C. McMinn

Lisa C. McMinn

State Prosecuting Attorney