Joe Derek Carr v. State

Opinion

ACCEPTED

03-14-00234-CR

4558385

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/19/2015 10:03:07 AM

JEFFREY D. KYLE

NO. 03-14-00234-CR CLERK

IN THE

FILED IN

3rd COURT OF APPEALS

COURT OF APPEALS AUSTIN, TEXAS 3/19/2015 10:03:07 AM

THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

JOE DEREK CARR § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 147TH JUDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-11-100059 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 Tampering with Physical Evidence – Human Corpse, the appellant filed his notice of appeal in the above cause on April 10, 2014. Appellant’s counsel filed a brief on February 18, 2015.

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(c) The State’s brief is currently due on March 20, 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 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 two other pending appellate cases, (i.e., Curtis Adams v. State of Texas, No. 03-14-00180-CR;

and C.W. v. Texas Department of Family and Protective Services, No. 03-14-

00746-CV). The undersigned attorney is responsible for preparing the State’s brief in another pending appellate case, (i.e., 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.

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WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to April 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

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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 289 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 19th day of March, 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, Kristen Jernigan, Attorney at Law, 207 S. Austin Ave., Georgetown, Texas 78626.

/s/ Rosa Theofanis

Rosa Theofanis

Assistant District Attorney