Kayla Jean Lardieri v. State

Opinion

ACCEPTED 03-15-00247-CR 6766649 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 2:40:31 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 9/2/2015 COURT OF PM 2:40:31 JEFFREY D. KYLE THE STATE OF TEXAS § APPEALS OF TEXAS Clerk

STATE’S SECOND 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 September 2, 2015.

1 II.

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

in this case. From August 3rd to August 7th, she was out of the office on vacation.

On August 10th she had to travel to Houston for a deposition in CR2014-149 & -

204. From August 11-16, she prepared for that same trial, though on August 17th it

was reset. She then had jury selection in CR2015-158 on the 17th, and that trial

lasted from August 24-26. On the 31st she attended a funeral in San Antonio, and

today, September 2, 2015, she had grand jury. Additionally, she has had to manage

her regular docket. Because of the foregoing, she has not yet been able to finish

the State’s response, and the State respectfully requests an extension of 30 days to

file the State’s brief in the instant cause. This is the second extension sought by

Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays for an extension of 30 days, until October 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.

2 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

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 Second 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 2nd day of September, 2015.

/s/ Joshua D. Presley Joshua D. Presley