John Joseph Foster v. State

Opinion

ACCEPTED

03-14-00252-CR

4737453

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/1/2015 9:29:54 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00252-CR

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

4/1/2015 9:29:54 PM

JEFFREY D. KYLE

Clerk

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN

JOHN JOSEPH FOSTER

Appellant

v.

THE STATE OF TEXAS

Appellee

MOTION TO EXTEND TIME FOR FILING STATE'S BRIEF

JAMES J. LAMARCA Assistant County Attorney Williamson County, Texas State Bar No. 2407 4568 405 Martin Luther King,# 7 Georgetown, Texas 78626 PHONE: (512) 943-1111 FAX: (512) 943-1120 j lamarca@wilco. org

NO. 03-14-00252-CR

JOHN JOSEPH FOSTER § IN THE COURT OF APPEALS §

vs. § FOR THE THIRD DISTRICT §

THE STATE OF TEXAS § OFTEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE'S BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

The State of Texas by and through its attorney, Dee Hobbs,

Williamson County Attorney, files this Motion to Extend Time for Filing

State's Brief, and in support of this motion, would respectfully show the

following:

1. The State's current deadline for filing its State's Brief is Aprill, 2015.

2. This is the State's third request for an extension of time.

3. The undersigned Assistant County Attorney has numerous matters on

appeal at different stages in the various Courts of Appeals of Texas.

Furthermore, the undersigned Assistant County Attorney continues to

be required in the courtroom to assist with dockets, to answer and

research questions from law enforcement and other prosecutors,

respond to petitioners' writs of habeas corpus and represent applicants

for protective orders.

For the above-mentioned reasons, the undersigned Assistant County

Attorney has not had sufficient time to research the applicable law and

prepare an adequate brief by the current deadline of April 1, 2015.

THEREFORE, the State requests that the Court grant this motion and

extend the deadline for filing the brief of Appellee for thirty (30) days

beyond the original deadline imposed.

SIGNED this the 1st day of April, 2015.

Respectfully submitted,

/s/ James J. LaMarca JAMES J. LAMARCA Assistant County Attorney Williamson County, Texas SBN: 24074568 405 Martin Luther King, # 7 Georgetown, Texas 78626 PHONE: (512) 943-1111 FAX: (512) 943-1120 jlamarca@wilco.org

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this State's Motion to Extend

Time for Filing State's Brief was served upon Kristen Jernigan, Appellant's

attorney of record, by electronic service to Kristen@txcrimapp.com, on

Aprill, 2015.

Is/ James J. LaMarca JAMES J. LAMARCA

AFFIDAVIT OF VERIFICATION

BEFORE ME, Notary Public in and for the State and County

aforesaid, on this day personally appeared the undersigned affiant who, after

being duly sworn, deposes and says the following:

"My name is James J. LaMarca. I am an Assistant County Attorney for Williamson County, Texas. I have read the above Motion to Extend Time for Filing State's Brief and swear that it is true base on my personal knowledge of the fact recited therein."

sistant Cou Attorney Williamson ounty, Texas

This instrument was sworn to and subscribed before me, this the 1st day of

April, 2015.

,,,.,,,, ~$~'!iif.'IJ-::. BOBBIE BYERLY ~·!jlf')•§ Notary Public, State of Texas ~-~··· .{.,i "~~···1't:.,"

My Commission Expires

•···~····' OCTOBER 22, 2017