Robert Wayne Rollins v. State

Opinion

ACCEPTED

01-14-00768-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/16/2015 9:23:37 AM CHRISTOPHER PRINE

CLERK

NO.Ol-14-00768-CR

ROBERT WAYNE ROLLINS, IN THE COURT OF APPEALS FILED IN

1st COURT OF APPEALS

APPELLANT HOUSTON, TEXAS 11/16/2015 9:23:37 AM

v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE

DISTRICT Clerk

THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE'S RESPONSE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,

pursuant to Rule 1O.5(b), Texas Rules of Appellate Procedure, and moves for an

extension of time in which to file the State's Brief and would respectfully show the

Court of Appeals as follows:

1. The appellant was convicted of ASSAULT PUBLIC SERVANT, and was sentenced on 8/28/2014. The trial case was styled as State of Texas v. Robert Wq)'l/e Rollills, in the 405,h Judicial District Court of Galveston County, Texas, Cause No. 13-CR-3062. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 7/27/2015.

2. The present due date for filing the State's brief was 11/13/2015.

3. The State attempted to e-file its brief several times after 5pm on 11/13/2015 but was unsuccessful. The e-filing system wouldn't accept the document. The State tried to submit other previously e-filed documents for demonstration, but they weren't accepted either.

4. The State requests an extension to file its brief on or before 11/16/2015.

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5. The total days the State has requested extension has been less than 90 days.

6. The State does not request this extension for delay.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until November 16, 2015.

Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATIORNEY GALVE i ION COUN1Y, TEXAS /'

AI..M &OJ'JILINDBLADE A~sIDan'Ttriminal District Attorney 600 59 th Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24062850 allison.lindblade@co.ga!veston.tx.us

CERTIFICATE OF COMPLIANCE

The undersigned Attorney for the State"certifies this brief is computer generated,

and consists of 231 words. (

ALL '

'ssi Criminal District Attorney alveston County, Texas

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CERTIFICATE OF SERVICE

The undersigned attorney for the State certifies that a copy of the above motion

was emailed/eFiled to Kevin Stryker, Attorney for Appellant, at ,~

stt;ykerlawfu:m@!,'1TIail.com on November 16 20 '"'"

, ",,,,,,,s t Criminal District Attorney Galveston County, Texas

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AFFIDAVIT

THE STATE OF TEXAS

COUNTY OF GALVESTON

Before me, the undersigned authority, on November 16, 2015, appeared Allison

Lindblade, who by me duly sworn did depose and state on oath the following:

"I, Allison Lindblade, Attorney for the State of Texas, have read

the Motion for Extension of Time to File the State's Brief, and swear that

Criminal District Attorney "'<:!:'><:::J'

Galveston County, Texas

SWORN TO AND SUBSCRIBED before me on November 16,2015.

NOTARY PUBLIC in and for the State of Texas