Rosa Maria Ortega v. State

Opinion

ACCEPTED

02-17-00039-CR

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

12/14/2017 11:07 AM

DEBRA SPISAK

CLERK

IN THE COURT OF APPEALS

SECOND JUDICIAL DISTRICT OF TEXAS FILED IN 2nd COURT OF APPEALS

FORT WORTH, TEXAS

AT FORT WORTH 12/14/2017 11:07:09 AM DEBRA SPISAK

Clerk

ROSA MARIA ORTEGA, § Appellant § §

v. § NO. 02-17-00039-C §

THE STATE OF TEXAS, § Appellee §

______________________________

APPELLEE’S REFILED UNOPPOSED SECOND MOTION FOR AN EXTENSION OF TIME WITH BRIEF IN SUPPORT

______________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, the State of Texas and files this, the State’s Refiled 1 0F

Second Motion for an Extension of Time with Brief in Support and respectfully shows the following:

I.

1 Appellee initially filed a second motion for an extension of time, which was returned for failure to comply with Local Rule 3(c), which mandates that a party seeking an extension of time in a criminal case state whether the defendant is incarcerated. This Court granted Appellee until December 14, 2017, to refile the motion.

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Appellant, Rosa Maria Ortega, filed her brief on October 11, 2017.

Appellee’s brief was originally due Friday, November 10, 2017. After receiving a thirty-one day extension from this Court, Appellee’s brief is now due on Monday, December 11, 2017.

II.

Appellee is asking for a thirty-day extension making the new deadline Wednesday, January 10, 2018. This is appellee’s second extension.

III.

Despite receiving an initial thirty-one-day extension, the undersigned attorney notes that he has filed five briefs in federal district court over the last thirty days. During this period, the undersigned has submitted responses in Hass v. Davis, Civil Action No. 4:17cv68, Green

v. Davis, Civil Action No. 4:17-cv-00778, McLemore v. Davis, Civil Action No. 3:17-CV-2132, Akin v. Davis, Civil Action No. 4:17cv513, Jones v.

Davis, Civil Action No. W-17-CA-243. In addition, the Director has six responses due in the next thirty days. Moreover, the undersigned’s office

was closed November 22, 2017, November 23, 2017, and November 24, 2017, in observance of Thanksgiving.

The undersigned believes that Appellant is not incarcerated, as she is currently released pursuant to an appellate bond, as reflected in the

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Clerk’s Record. CR 369–370. The undersigned has no reason to believe that her appellate bond has been revoked.

This is Appellee’s second request for an extension of time in this cause and it is not designed to harass Appellant, nor to unnecessarily delay these proceedings, but to ensure that Appellant’s points of error are properly addressed.

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully prays that this motion be granted extending the deadline for the filing of appellee’s brief to Wednesday, January 10, 2018.

Respectfully Submitted,

KEN PAXTON

Attorney General of Texas

JEFF MATEER

First Assistant Attorney General

ADRIENNE MCFARLAND

Deputy Attorney General

For Criminal Justice

EDWARD L. MARSHALL

Chief, Criminal Appeals Division

Ali M. Nasser

*Lead Counsel ALI M. NASSER* Assistant Attorney General State Bar No. 24098169

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P. O. Box 12548, Capitol Station Austin, Texas 78711

(512) 936-1400

(512) 936-1280 (FAX)

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Mr. David Pearson prior to the filing of this motion, and he indicated that he did not oppose the extension.

Ali M. Nasser

ALI M. NASSER

Assistant Attorney General State Bar No. 24098169

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing pleading has been served on counsel of record on December 14, 2017, to Mr. David Pearson, via electronic mail.

ALI M. Nasser

Assistant Attorney General State Bar No. 24098169