State v. Abigail Marie Stubbs

Opinion

ACCEPTED 14-15-00510-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 4:22:09 PM CHRISTOPHER PRINE CLERK

No. 14-15-00510-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 10/12/2015 4:22:09 PM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1425867 In the 209th District Court Of Harris County, Texas ♦

STATE OF TEXAS v. ABIGAIL MARIE STUBBS ♦ STATE’S THIRD MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF ♦

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) &

38.6(d), moves for an extension of time within which to file its appellate

brief. In support of its motion, the State submits the following:

1. Appellee was charged with the felony offense of online

impersonation.

2. She filed a pre-trial writ of habeas corpus, challenging the

constitutionality of the statute. The trial court granted her motion, dismissing the indictment. The State timely filed its

notice of appeal.

3. The State’s brief was due, after two extensions, on October 9, 2015.

The State requests an additional extension of 30 days, until

November 9, 2015.

4. The undersigned attorney has filed four briefs in the last 45 days

and has three more briefs due in the next 30 days. The

undersigned attorney recently spoke at TDCAA’s Annual

Conference on Scotus and CCA Caselaw Update and wrote an

article for The Prosecutor.

5. The undersigned attorney has begun work on this brief and

anticipates having it filed by the requested extension deadline.

6. The State’s motion is not for purposes of delay, but so that justice

may be done.

WHEREFORE, the State prays that this Court will grant the requested

extension until November 9, 2015.

Respectfully submitted,

/s/Jessica Akins

JESSICA AKINS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 State Bar Number: 24029415 akins_jessica@dao.hctx.net

CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, this certifies that on October 9, 2015,

a copy of the foregoing was served upon Appellee’s counsel:

Mark Bennett Attorney at Law 917 Franklin Street, Fourth Floor Houston, Texas 77002 mb@ivi3.com

/s/Jessica Akins Assistant District Attorney Harris County, Texas akins_jessica@dao.hctx.net