Michael Shawn Alexander v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 03-14-00290-CR
• Status: Published

Opinion

ACCEPTED 03-14-00290-CR 3647462 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 11:50:23 AM JEFFREY D. KYLE NO. 03-14-00290-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 11:50:23 AM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

MICHAEL SHAWN ALEXANDER § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 403RD JUDICAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-201709

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 his conviction for Assault Family Violence – Strangulation, the

appellant filed his notice of appeal in the above cause on May 1, 2014. Appellant filed

a brief on December 4, 2014.

1 (b) The State’s brief is currently due on January 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 responsive to this brief.

2. The undersigned is further responsible for reviewing post-conviction writ of

habeas corpus applications filed with our offense and preparing necessary

responses.

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.

2 WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to February 4, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/Georgette Hogarth Georgette Hogarth Assistant District Attorney State Bar No. 24007129 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Georgette.Hogarth@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 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

248 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/Georgette Hogarth Georgette Hogarth Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 5th day of January, 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.

/s/Georgette Hogarth Georgette Hogarth Assistant District Attorney