Pedro Elizondo Martinez, Jr. v. State

Opinion

ACCEPTED 03-14-00802-CR 8185149 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/10/2015 3:34:44 PM JEFFREY D. KYLE CLERK No. 03-14-00802-CR

PEDRO ELIZONDO MARTINEZ, JR. § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS v. § 12/10/2015DISTRICT THIRD 3:34:44 PM § JEFFREY D. KYLE Clerk STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE BRIEF

NOW COMES THE STATE OF TEXAS, Appellee, by and through her

Assistant District Attorney, and moves the Court, pursuant to Texas Rule of Appellate

Procedure 38.6(d), to extend the deadline for filing the State’s brief. In support of its

motion, the State would show the Court the following:

1. The State’s Brief in this case is due on December 8, 2015.

2. Two previous extensions of time have been requested by the State and granted by this Court.

3. Appellant’s brief was filed in this Court on July 10, 2015.

4. Due to the complexity and serious nature of the issues raised by Appellant,

preparation for writing the State’s brief took considerably more time than

anticipated.

5. Therefore, the time required to write the response brief extended several days

longer than the State anticipated.

6. For the foregoing reasons, The State respectfully requests that the deadline for

1 filing its brief in the above stated cause be extended for an additional two (2) days

from the current due date of December 8, 2015, to the date of filing of the brief on

December 10, 2015.

WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully

requests that this Court grant its motion for an extension of time and extend the State’s

deadline to file its brief to December 10, 2015.

Respectfully submitted,

Jana Duty District Attorney Williamson County, Texas

/s/ Daniel Sakaida Daniel Sakaida State Bar No: 24084601 Assistant District Attorney 405 Martin Luther King, Box 1 Georgetown, Texas 78626 (512) 943-1234 (512) 943-1255 (fax) daniel.sakaida@wilco.org

2 Certificate of Service

I hereby certify that on December 10, 2015, I electronically filed the foregoing document with the clerk of the court for the Texas Court of Criminal Appeals, using the efile.txcourts.gov system. Via that system, a “Notice of Electronic Filing” was sent to Appellee’s appellate attorney of record, Ellic Sahualla, 600 W. 13th St., Austin, Texas 78701 at ellic@Sahuallalaw.com.

/s/ Daniel Sakaida_______________ DANIEL SAKAIDA