John Joseph Foster v. State

Opinion

ACCEPTED

03-14-00252-CR

5220549

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/8/2015 5:45:47 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00252-CR

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

5/8/2015 5:45:47 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 FOR LEAVE TO FILE LATE BRIEF

JAMES J. LAMARCA Assistant County Attorney Williamson County, Texas State Bar No. 24074568 405 Martin Luther King, # 7 Georgetown, Texas 78626 PHONE: (512) 943-1111 FAX: (512) 943-1120 jlamarca@wilco.org

NO. 03-13-00252-CR

JOHN JOSEPH FOSTER § IN THE COURT OF APPEALS §

vs. § FOR THE THIRD DISTRICT §

THE STATE OF TEXAS § OFTEXAS

MOTION FOR LEAVE TO FILE LATE 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 for Leave to File Late Brief,

and in support of this motion, would respectfully show the following:

1. The State's current deadline for filing its Brief was May 1, 2015.

2. The State asked for and received three prior extensions for filing its

Brief

3. The undersigned Assistant County Attorney has numerous matters on

appeal in various stages in the Court of Appeals for the Third District

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, and represent applicants for protective orders.

THEREFORE, the State asks leave of this Court for 7 additional days to

file this Brief until May 8, 2015.

SIGNED this the 8th day ofMay, 2015.

Respectfully submitted,

Is/ 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 j lamarca@wilco.org

CERTIFICATE OF COMPLIANCE

I certify that this motion contains a word count of 158 and this

complies with Tex. R. App. P. 9.4.

Is/ James J. LaMarca JAMES J. LAMARCA

CERTIFICATE OF SERVICE

I certify that I have sent a true and correct copy of State's Brief to

Appellant's attorney of record, Kristen Jernigan, by electronic service at

Kristen@txcrimapp.com, on the gth day ofMay, 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 for Leave to File Late Brief and swear that it is true base on my personal knowledge of the fact recited therein."

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

May, 2015.

~i) ( - "";'."' LISA A. ROBERTS Notary Public, State of Tan My Commlallon Elpha

~.. APRIL 3, 2018