Shriya Biman Patel v. State

Opinion

ACCEPTED

03-14-00238-CR

4078277

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/9/2015 3:52:56 PM

JEFFREY D. KYLE

No. 03-14-00238-CR CLERK

IN THE

FILED IN

3rd COURT OF APPEALS

COURT OF APPEALS AUSTIN, TEXAS 2/9/2015 3:52:56 PM

THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

SHRIYA BIMAN PATEL § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-12-900230 STATE'S SECOND MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully moves for an extension of the deadline for filing the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and 10.5(b), advises the Court as follows:

(a) Following her conviction for Arson, the appellant filed her notice of appeal in the above cause on March 25, 2014. Appellant’s counsel filed a brief on December 10, 2014.

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(b) The State’s brief is currently due on February 9, 2015.

(c) This request is that the deadline for filing the State’s brief be extended by 30 days.

(d) The number of previous extensions of time granted for submission of the State’s brief is: one.

(e) The State relies upon the following facts to reasonably explain the need for an extension of the deadline:

1. During the period since the appellant’s brief was filed, the undersigned attorney has completed and filed an original brief in another pending appellate case, (i.e., Jose Luis Sosa v. State of Texas, No. 03-13-00764-CR).

The undersigned attorney is responsible for preparing the State’s brief in two other pending appellate cases, (i.e., Charles Anthony Malouff, Jr. v. State of Texas, No. 03-13-00723-CR; and Jeron Deangelo Neal v. State of Texas, No.

03-14-00155-CR).

2. In addition, the undersigned attorney, as the director of the Appellate Division of the Travis County District Attorney’s Office, has been required, during the pendency of the instant appeal, to spend a considerable amount of time working on a variety of other legal matters and administrative issues.

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3. This request is not made for the purpose of delay, but to ensure that the Court has a proper State’s brief to aid in the just disposition of the above cause.

WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to March 11, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney State Bar No. 00785584

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. (512) 854-4810

Scott.Taliaferro@traviscountytx.gov AppellateTCDA@traviscountytx.gov

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CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based upon the computer program used to generate this motion, that this motion contains 309 words, excluding words contained in those parts of the motion that Rule 9.4(i) exempts from inclusion in the word count. I certify, further, that this motion is printed in a conventional, 14-point typeface.

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 9th day of February, 2015, a true and correct copy of this motion was served, by U.S. mail, electronic mail, facsimile, or electronically through the electronic filing manager, to the Appellant’s attorney, Ken Mahaffey, Attorney at Law, P.O. Box 684585, Austin, Texas 78768.

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney