State v. Frances Anita Robinson

Opinion

ACCEPTED 03-15-00153-CR 7001534 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/18/2015 4:44:10 PM 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 9/18/2015 COURT4:44:10 OF PM JEFFREY D. KYLE FRANCES ANITA ROBINSON § APPEALS OF TEXAS Clerk

STATE’S UNOPPOSED FOURTH & FINAL 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 28 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.Appellee’s motion to suppress evidence

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

pursuant to article 44.01 of the Code of Criminal Procedure. A stay was granted by

the Court of Appeals on March 20, 2015. After the Court abated and remanded the

case for entry of the trial court’s findings, the case was reinstated in the Court on

July 20, 2015. The State’s brief is currently due on September 18, 2015.

II.

I am handling the appeal for the State in this case. In early September I had

trial in CR2013-377. I then finished working on the State’s brief in cause number

1 03-14-00270-CV before it was submitted to the Court on September 9, 2015. I also

had to handle my regular duties, including intake, grand jury indictments and

docket calls. Additionally, next week I will be attending a nearly week-long

conference with my office to meet my annual CLE requirements. While I have

completed part of the State’s brief in the instant case, I have not yet had the

opportunity to complete it. In light of the foregoing, the State respectfully requests

an extension of 28 days to file its brief. This is the fourth and final extension

sought by Appellant, and it is unopposed by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays for an extension of 28 days, until October 16, 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.

Respectfully submitted,

/s/ Daniel Palmitier Daniel Palmitier, SBN: 24062934 palmid@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

2 CERTIFICATE OF SERVICE

I, Daniel Palmitier, Assistant District Attorney for Appellant, the State of

Texas, hereby certify that a true and correct copy of the above and foregoing

State’s Unopposed Fourth & Final 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 Lead Attorney for Appellee on Appeal

By electronic service to the above-listed email address through efile.txcourts.gov

on this the 18th day of September, 2015.

/s/ Daniel Palmitier Daniel Palmitier

CERTIFICATE OF CONFERENCE

I certify that I have conferred or made reasonable attempts to confer with all

other parties about the merits of this motion and whether the parties oppose the

motion. Ms. Gina Jones, Attorney for Defendant/Appellee FRANCES ANITA

ROBINSON, was not opposed to the instant motion.