Frederick Manuel v. State

• Court: Court of Appeals of Texas
• Decided: June 10, 2015
• Docket: 01-14-00107-CR
• Status: Published

Opinion

ACCEPTED 01-14-00107-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 1:25:40 PM CHRISTOPHER PRINE CLERK NO. 01-14-00107-CR

IN THE FILED IN 1st COURT OF APPEALS COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 1:25:40 PM FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE Clerk

HOUSTON, TEXAS

FREDERICK MANUEL § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-904096

STATE'S FIRST 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 Murder, the appellant filed his notice of

appeal in the above cause on December 9, 2013. Appellant’s counsel filed a brief on

May 13, 2015.

1 (c) The State’s brief is currently due on June 12, 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: none.

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

for an extension of the deadline:

1. The undersigned attorney is responsible for preparing the State’s brief in two

other pending appellate cases, (i.e., Martin Lopez Montejo v. State of Texas,

No. 03-14-00193-CR; and John Joseph Vasquez v. State of Texas, No. 03-

15-00067-CR and 03-15-00089-CR).

2. 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.

2 WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to July 13, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/ Matthew Foye Matthew Foye Assistant District Attorney State Bar No. 24043661 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Matthew.Foye@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

228 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/ Matthew Foye Matthew Foye Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 10th day of June, 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, Ken Mahaffey,

Attorney at Law, P.O. Box 684585, Austin, Texas 78768,

[Ken_Mahaffey@yahoo.com].