Juan Leal, Jr. v. State

Opinion

ACCEPTED 03-15-00095-CR 7226274 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/5/2015 12:08:27 PM JEFFREY D. KYLE No. 03-15-00095-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 10/5/2015 12:08:27 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

JUAN LEAL § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-300082

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) Appellant was placed on deferred adjudication probation for Assault Family

Violence. On January 20, 2015, the trial court revoked the appellant’s probation. The

1 appellant filed his notice of appeal in the above cause on February 6, 2015.

Appellant’s counsel filed a brief on September 4, 2015.

(b) The State’s brief is currently due on October 5, 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. During the period since this brief was filed, the attorney assigned to this case

has been working on other pressing appellate matters and has not had

sufficient time to prepare an adequate response to this brief.

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 November 4, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

___________________________ Angie Creasy Assistant District Attorney State Bar No. 24043613 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Angie.Creasy@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 CERTIFICATE OF COMPLIANCE AND SERVICE

I hereby certify that this motion contains 243 words, based upon the computer

program used to generate this motion and excluding words contained in those parts

of the motion that Texas Rule of Appellate Procedure 9.4(i) exempts from inclusion

in the word count, and that this motion is printed in a conventional, 14-point

typeface.

I further certify that, on the 5th day of October, 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, Paul M. Evans,

Attorney at Law, 811 Nueces Street, Austin, Texas 78701,

paulmatthewevans@hotmail.com.

___________________________ Angie Creasy Assistant District Attorney