Daniel Vadnais v. State

Opinion

ACCEPTED

03-14-00578-CR

6527835

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/17/2015 3:29:19 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00578-CR

COURT OF APPEALS FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

FOR THE 8/17/2015 3:29:19 PM JEFFREY D. KYLE

Clerk

THIRD SUPREME JUDICIAL DISTRICT

DANIEL RAYMOND VADNAIS, Appellant

VS.

THE STATE OF TEXAS, Appellee

APPEAL FROM

THE 22ND JUDICIAL DISTRICT COURT HAYS COUNTY, TEXAS

TRIAL COURT CAUSE NO. CR-13-0651

MOTION FOR LEAVE TO FILE UNTIMELY APPELLEE'S BRIEF

Whitney L. Borgman Assistant Criminal District Attorney 712 S. Stagecoach Trail, Suite 2057 San Marcos, Texas 78666

ORAL ARGUMENT IS ph; (512) 393-7600 / Fax: (512) 393-2246 NOT REQUESTED state Bar No. 24082224 Whitney.borgnian@co.hays.tx.us Attorney for the State of Texas

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: )

Now comes Appellee, the State of Texas, and files this Motion for Leave to File an Untimely Appellee's Brief, and in support states the following:

1. Appellee's Brief was due on July 31, 2015.

2. Attorney for the Appellee, Whitney L. Borgman began working for the Hays

County District Attorney's Office on June 1, 2015 and attended CLE trainings

July 20-24, 2015 and August 5, 2015 and was out of the office.

3. This Motion is not sought for delay, but so justice may be served.

4. For the foregoing reason, the undersigned attorney hereby requests leave to

untimely files this Appellee's Brief pursuant to Texas Rules of Appellate

Procedure, Rule 38.6, which provides modifications of filing time.

Respectfully submitted,

Whitney L. BojJman Asst. Criminal District Attorney Hays County Government Center 712 S. Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 Ph: (512) 393-7600/Fax: (512) 393-2246 State Bar No. 24082224 whitney.borgman@co.hays.tx.us Attorney for the State of Texas

CERTIFICATE OF SERVICE

I herebycertifythat a true copy of the foregoing motion has been e-delivered to:

Dal Ruggles 1103 Nueces Austin, Texas 78701 dal@ruggleslaw.com

On this the 17th day of August, 2015.

litney L. Borgjnan Asst. Criminal Sistrict Attorney