Curtis Adams v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 03-14-00180-CR
• Status: Published

Opinion

ACCEPTED 03-14-00180-CR 3846935 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/21/2015 2:28:18 PM JEFFREY D. KYLE NO. 03-14-00180-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 1/21/2015 2:28:18 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

CURTIS ADAMS § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-11-904084

STATE'S THIRD 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 Aggravated Assault, the appellant filed his

notice of appeal in the above cause on February 17, 2012. Appellant’s original appeal

was dismissed for want of jurisdiction. However, the Court of Criminal appeals

1 granted an out-of-time appeal for the appellant on April 14, 2014. Appellant’s counsel

filed a brief on October 22, 2014.

(c) The State’s brief is currently due on January 21, 2015.

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

30 days.

(d) The number of previous extensions of time granted for submission of the

State’s brief is: two.

(e) The State relies upon the following facts to reasonably explain the need

for an extension of the deadline:

1. The attorney assigned to this case is a part-time attorney and has not had

sufficient time to prepare an adequate responsive brief.

2. During the period since the appellant’s brief was filed, the undersigned

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

appellate cases, (i.e., Thomas Atkinson v. State of Texas, No. 03-13-00746-

CR; Paul Ahern v. State of Texas, No. 03-14-00090-CR; Terri Elmore-

Munoz v. State of Texas, No. 03-14-00136-CR; and T.T. v. Texas

Department of Family and Protective Services, No. 03-14-00659-CV). The

undersigned attorney is also responsible for preparing the State’s brief in two

other pending appellate cases, (W.W. v. Texas Department of Family and

2 Protective Services, No. 03-14-00590-CV; and Jesus Villalobos, Jr. v. State

of Texas, No. 03-13-00687-CR).

3. 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 20, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/ Rosa Theofanis Rosa Theofanis Assistant District Attorney State Bar No. 24037591 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Rosa.Theofanis@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

340 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/ Rosa Theofanis Rosa Theofanis Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 21st 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/ Rosa Theofanis Rosa Theofanis Assistant District Attorney