Kayla Jean Lardieri v. State

Opinion

ACCEPTED 03-15-00247-CR 6335166 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/3/2015 4:05:35 PM JEFFREY D. KYLE CLERK NO. 03-15-00247-CR

KAYLA JEAN LARDIERI § IN THE THIRD FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS V. § DISTRICT 8/3/2015 COURT OF PM 4:05:35 JEFFREY D. KYLE THE STATE OF TEXAS § APPEALS OF TEXAS Clerk

STATE’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes the State of Texas, Appellee in the above-styled and -numbered

cause, and moves for an extension of time of 30 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellant was convicted by a jury of Attempt to Commit Capital Murder,

Aggravated Kidnapping, Aggravated Robbery, and Tampering with Physical

Evidence. Her punishment was assessed by the trial court at 30 years for the

Attempted Capital Murder, Aggravated Kidnapping and Aggravated Robbery

offenses, for which there was a deadly weapon finding. She received 10 years for

the Tampering offense. The sentences were to be served concurrently. Appellant

was also assessed court costs. Appellant’s brief was filed on July 2, 2015. The

State’s brief is currently due on August 3, 2015.

1 II.

Chari Kelly – the attorney for the State at trial – is handling the State’s brief

in this case. In the past month she has appeared for her regular docket, grand jury

on July 8th and intake on July 15th and 29th. She also prepared for a trial on July 21st

in CR2012-407 which involved Possession of Marijuana between 5 and 50 Pounds,

a third-degree felony. Additionally, she is out of the office for the first part of this

week. Because of the foregoing, she has not yet been able to work on a response,

and the State respectfully requests an extension of 30 days to file the State’s brief

in the instant cause. This is the first extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays for an extension of 30 days, until September 2, 2015, so that an

adequate response may be made to Appellant’s brief. This extension is not

requested for purposes of delay but so that justice may be done.

Respectfully submitted,

/s/ Joshua D. Presley Joshua D. Presley SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008

2 CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas,

Appellee, hereby certify that a true and correct copy of this State’s First Motion to

Extend Time to File Brief has been delivered to Appellant KAYLA JEAN

LARDIERI’s attorney in this matter:

Paul A. Finley pfinley@reaganburrus.com Reagan Burrus, PLLC 401 Main Plaza, Suite 200 New Braunfels, TX 78130 Counsel for Appellant on Appeal

By electronically sending it to the above-listed email address through efile.txcourts.gov, this 3rd day of August, 2015.

/s/ Joshua D. Presley Joshua D. Presley