Linda Woodman v. State

Opinion

ACCEPTED

14-15-00033-CR

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS

11/18/2015 11:16:32 AM

CHRISTOPHER PRINE

CLERK

NO. 14-15-00033-CR

IN THE

FILED IN

14th COURT OF APPEALS

COURT OF APPEALS HOUSTON, TEXAS 11/18/2015 11:16:32 AM

FOURTEENTH DISTRICT OF TEXAS CHRISTOPHER A. PRINE Clerk

HOUSTON, TEXAS

LINDA WOODMAN § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 147TH JUDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-14-904029 STATE'S SECOND 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 Aggravated Assault with a Deadly Weapon, the appellant filed her notice of appeal in the above cause on November 25, 2014. Appellant filed a brief on September 17, 2015.

(b) The State’s brief is currently due on November 18, 2015.

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(c) This request is that the deadline for filing the State’s brief be extended by 20 days.

(d) The number of previous extensions of time granted for submission of the State’s brief is: one.

(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 another pending appellate case, (i.e. Thomas Joseph Krausz v.

State of Texas, No. 03-15-00110-CR). The undersigned attorney is also responsible for preparing the State’s brief in two other pending appellate cases (i.e. DeAndre Dwight Joseph aka Deandre Dwight Parks v. State of Texas, No. 03-15-00209-CR;

and Linda Woodman v. State of Texas, No. 14-15-00032-CR).

2. The undersigned attorney’s mother had a heart attack on November 11, 2015, and was scheduled for bypass surgery on Monday, November 16, 2015. The undersigned attorney traveled to San Antonio, Texas to be with her mother during her surgery and recovery.

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3. 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.

WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to December 8, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney State Bar No. 06022700

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4810

Lisa.Stewart@traviscountytx.gov AppellateTCDA@traviscountytx.gov

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CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based upon the computer program used to generate this motion, that this motion contains 310 words, excluding words contained in those parts of the motion that Rule 9.4(i) exempts from inclusion in the word count. I certify, further, that this motion is printed in a conventional, 14-point typeface.

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 18th day of November, 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 attorneys, Steven Brand, Fagerberg, Arana & Brand, P.C., 907 Rio Grande Street, Austin, Texas 78701, stevenbrand@rocketmail.com; and Linda Icenhauer-Ramirez, Attorney at Law, 1103 Nueces, Austin, Texas 78701, ljir@aol.com.

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney