Shawn Braden v. State

Opinion

ACCEPTED

05-17-00499-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS 1/30/2018 5:34 PM

LISA MATZ

CLERK

In the Court of Appeals for the Fifth District of Texas at Dallas FILED IN

5th COURT OF APPEALS

Shawn Braden, Appellant § DALLAS, TEXAS 1/30/2018 5:34:14 PM

v. § No. 05-17-00499-CR LISA MATZ

Clerk

The State of Texas, Appellee §

State’s Second Motion for Extension of Time to File Its Brief

The State respectfully requests this extension for good case and not for delay.

(a) Appellant filed his brief in this cause on November 30, 2017.

(b) The State’s brief was due on first extension on January 29, 2018.

(c) The State has not previously been granted one 30-day extension in this cause.

(d) The State requests a 1-day extension to file its brief by January 30, 2018, and tenders its brief along with this motion.

(e) Good cause exists for the extension due to the undersigned’s work schedule: while researching and writing this brief the undersigned prepared and filed the State’s brief on State v. Degraffinried, Appellate Cause No. 15-50738-86-F; the undersigned prepared and delivered a case law update to her office; and the undersigned has been preparing the brief on State v. Thomas, Appellate Cause No. 05- 16-01103-CR, that she plans to file with this Court in the next week.

(f) At the time this motion was prepared, the case had not yet been set for submission.

(g) The case below was styled State v. Shawn Braden., No. 15-30110-86- F in the 86th Judicial District Court, Kaufman County, Texas.

2

WHEREFORE, the State prays that this Court extend the State’s time to file its

brief until January 30, 2018.

Respectfully submitted, Erleigh Norville Wiley Criminal District Attorney Kaufman County, Texas

/s/ Katharine K. Decker Katharine K. Decker Asst. Criminal District Attorney 100 W. Mulberry Street Kaufman, Texas 75142 State Bar No. 05630480 kdecker@kaufmancounty.net (972) 932-0264 FAX (972) 932-0357

ATTORNEYS FOR THE STATE

Certificate of Service

The State has e-served counsel for Appellant, Michael C. Lowe, through the

eFileTexas.gov filing system at mlowe@dallasjustice.com.

/s/ Katharine K. Decker Asst. Criminal District Attorney