State v. Frances Anita Robinson

Opinion

ACCEPTED 03-15-00153-CR 4878823 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 11:41:33 AM JEFFREY D. KYLE CLERK NO. 03-15-00153-CR

THE STATE OF TEXAS § IN THE THIRD FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS v. § DISTRICT 4/14/2015 COURT11:41:33 OF AM JEFFREY D. KYLE FRANCES ANITA ROBINSON § APPEALS OF TEXAS Clerk

STATE’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes the State of Texas, Appellant in the above styled and numbered

cause, and moves for an extension of time of 30 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellee was indicted by a grand jury on June 5, 2013 for the charge of

Intoxication Manslaughter in CR2013-267. After Appellee’s motion to suppress

evidence was granted by the trial court on February 18, 2015, the State timely

appealed pursuant to article 44.01 of the Code of Criminal Procedure, and a stay

was granted by the Court of Appeals on March 20, 2015. The State timely filed its

request for findings of fact and conclusions of law with the trial court on March 10,

2015. See Tex. R. Civ. P. 296. Out of an abundance of caution, the State timely

filed its notice of past due findings of fact and conclusions of law on April 9, 2015,

along with the State’s proposed findings for the trial court. See Tex. R. Civ. P. 297.

1 II.

Assistant District Attorney Daniel Palmitier is handling the appeal for the

State in this case. When the State filed its notice of past due findings, supra, it was

informed that the Defendant/Appellee had not yet provided her proposed findings

and conclusions to the court. Under Texas Rule of Civil Procedure 297, said

findings should be filed by April 20th. In addition to its need for the trial court’s

findings, Mr. Palmitier had several trials in recent weeks, including CR2014-031

from March 23rd to March 27th and CR2014-042 last week. Furthermore, Mr.

Palmitier typically has multiple trial settings every week. Although Mr. Palmitier

has already performed much of the necessary research, he has not yet been able to

complete the State’s brief. In light of the foregoing, the State respectfully requests

an extension of 30 days to file its brief. This is the first extension sought by

Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays for an extension of 30 days, until May 14, 2015, so that

Appellant’s brief will fully, adequately and accurately present its case to the

Honorable Court of Appeals. This extension is not requested for purposes of delay

but so that justice may be done.

2 Respectfully submitted,

/s/ Joshua D. Presley Joshua D. Presley SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008

CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of Texas, hereby certify that a true and correct copy of the above and foregoing State’s First Motion to Extend Time to File Brief was sent to Defendant/Appellee FRANCES ANITA ROBINSON’s attorney of record in this matter:

Mr. Charles Sullivan csullivan@lawcsullivan.com 308 Campbell Dr. Canyon Lake, TX 78133 Fax: 210-579-6448 Attorney for Appellee on Appeal

By electronic service to the above-listed email address through efile.txcourts.gov on this the 14th day of April, 2015.

/s/ Joshua D. Presley Joshua D. Presley