Kaitlyn Lucretia Ritcherson v. State

Opinion

ACCEPTED 03-13-00804-CR 4204646 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 9:03:02 AM JEFFREY D. KYLE No. 03-13-00804-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 9:03:02 AM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

KAITLYN RITCHERSON § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-11-302663

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 her conviction for Murder, the appellant filed her notice of appeal

in the above cause on February 10, 2014. Appellant’s counsel filed a brief on January

20, 2015.

1 (b) The State’s brief is currently due on February 19, 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 the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in three other pending

appellate cases, including two accelerated parental termination appeals, (i.e.,

Juan Francisco Rodriguez-Linares v. State of Texas, No. 03-14-00324-CR;

In re A.V. and G.G., No. 03-15-00030-CV; and L.W. v. Texas Department of

Family and Protective Services, No. 03-14-00680-CV). The undersigned

attorney is responsible for preparing the State’s brief in another pending

appellate case (i.e., Robert Torres v. State of Texas, No. 03-14-00541-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 March 23, 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 389 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 19th day of February, 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,

Alexander L. Calhoun, Law Office of Alexander L. Calhoun, 4301 W. William

Cannon Dr., Suite B-150, #260, Austin, Texas 78749.

___________________________ Angie Creasy Assistant District Attorney