Destyn David Frederick v. State

Opinion

ACCEPTED 04-14-00246-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/20/2015 10:07:51 AM KEITH HOTTLE CLERK

No. 04-14-00246-CR

IN THE COURT OF APPEALS FILED IN FOURTH COURT OF APPEALS DISTRICT OF TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 5/20/2015 10:07:51 AM ____________________________________________________________ KEITH E. HOTTLE DESTYN DAVID FREDERICK, Clerk

Appellant

v.

THE STATE OF TEXAS, Appellee ______________________________________________________________________________

On Appeal from the 81st District Court Frio County, Texas Cause Number 11-09-00041-CRL ______________________________________________________________________________

STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF ______________________________________________________________________________

Rene M. Pena District Attorney 81st JUDICIAL DISTRICT OF TEXAS

Marc Ledet Assistant District Attorney 81st / 218th JUDICIAL DISTRICT OF TEXAS 1327 3RD STREET Floresville, Texas 78026 Tele: (830) 393-2200 Fax: (830) 393-2205 State Bar No. 24002459

Attorneys for the State of Texas STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF

The State of Texas, under the authority of Rules 10.5(b) and 38.6(d), Texas Rules

of Appellate Procedure asks the Court to extend time to file the State’s Brief from May

20, 2015, to and including June 19, 2015, a period of thirty (30) days.

1. Appellant was found guilty in cause number 11-09-00041-CRl for Murder.

2. The State’s Brief is presently due on May 20, 2015.

3. The State of Texas respectfully requests an additional thirty (30) days to file its

brief, that is, an extension of time until June 19, 2015.

4. No previous extension has been requested by the State.

5. The State of Texas requests this extension based on the following reasons:

A. The 81st Judicial District Attorney’s Office covers five (5) counties and

over two hundred miles. Our office does not have an appellate section.

All appellate work is done at times when prosecutors are not in court, not

preparing for trial, or not preparing for grand jury.

B. The State is still in the process of reviewing the reporter’s record and

clerk’s record, as well as Appellant’s brief to ensure that the State’s Brief

is fully conversant on all legal and factual points before the court.

For these reasons, the State asks the Court to grant an extension of thirty (30) days

to June 19, 2015, within which the State may file its brief in this cause. Respectfully submitted,

Rene M. Pena District Attorney 81st JUDICIAL DISTRICT OF TEXAS TEXAS BAR NUMBER 00792752

/S MARC LEDET Marc Ledet Assistant District Attorney 81st JUDICIAL DISTRICT OF TEXAS 1327 3RD STREET Floresville, Texas 78026 Telephone (830) 393-2200 Telecopier (830) 393-2205 TEXAS BAR NUMBER 24002459

Attorneys for the State of Texas

Certificate of Service

I hereby certify that the above and foregoing was sent to Richard Langlois, 217 Arden Grove, San Antonio, TX 78215 on the 20th day of May, 2015 in accordance with the Texas Rules of Procedure.

/s Marc Ledet