Robie Lee Lawhon v. State

Opinion

ACCEPTED 03-15-00265-CR 6629169 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/24/2015 4:54:18 PM JEFFREY D. KYLE CLERK COURT OF APPEALS

THIRD JUDICIAL DISTRICT OF TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 8/24/2015 4:54:18 PM JEFFREY D. KYLE Clerk ROBIE LEE LAW § COURT OF APPEALS

Appellant § NO. 03-15-00265-CR,

§ NO. 03-15-00277-CR,

§ NO. 03-15-00288-CR

VS. §

THE STATE OF TEXAS, §

Appellee § DISTRICT COURT NO. CR 36868

STATE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

COMES NOW, the State of Texas, by and through its undersigned attorney, and

respectfully requests that the Court grant an Extension of Time for Filing the State’s

Brief in the above reference cause.

Pursuant to Rules 38.6 and 10.5(b), Texas Rules of Appellate Procedure, the

Petitioner would show in support of this Motion that:

1. The current deadline for filing Appellee’s Brief was August 21, 2015.

2. The length of time requested for an extension is an additional 3 days until August 24, 2015;

3. The reasons for the need for an extension are that: 1) Attorney for the State believed that he had until the 23rd to file the brief. The brief is ready and will be filed if the motion is granted.

4. The State has not previously been granted any extensions.

Respectfully submitted,

/s/ Joseph P. Johnson Joseph P. Johnson Assistant County and District Attorney Milam County, Texas 204 N. Central, Cameron, Texas 76520 Phone: (254) 697-7013 Fax: (254) 697-7016 jjohnson@milamcounty.net State Bar No. 24092587

CERTIFICATE OF CONFERENCE

In accordance with Tex. R. App. P. 10.1(a)(5), I certify that I have conferred with the attorney for only other party in this case, Tyler Pennington, on the merits of this motion and that office has no objection to this motion.

/s/ Joseph P. Johnson Joseph P. Johnson

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing State's Motion for Extension of Time to File Appellee’s Brief has been delivered to Tyler Pennington, attorney for the Appellant, on this 24th day of August, 2015. The copy of this motion was delivered via facsimile to Tyler Pennington, 106 S. Harris St., Ste. 125, Round Rock, Texas 78664, at (866) 736-3690. Mr. Pennington represents Robie Lee Lawhon in this matter.