State v. Michael Yanez

• Court: Court of Appeals of Texas
• Decided: January 2, 2015
• Docket: 03-14-00653-CR
• Status: Published

Opinion

ACCEPTED 03-14-00653-CR 3638053 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/2/2015 2:37:32 PM JEFFREY D. KYLE NO. 03-14-00653-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 1/2/2015 2:37:32 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

STATE OF TEXAS § APPELLANT

VS. §

MICHAEL YANEZ § APPELLEE

APPEAL FROM THE 147TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-201573

STATE'S THIRD 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) The Trial Court filed an Order granting a Motion to Suppress Evidence on

September 30, 2014. The State of Texas filed a timely notice of appeal in the above

cause on October 6, 2014. The clerk’s record was filed on October 16, 2014. The

reporter’s record was filed on October 14, 2014.

1 (b) The State’s brief is currently due on January 5, 2015.

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

10 days.

(d) The number of previous extensions of time granted for submission of the

State’s brief is: two.

(e) The State relies upon the following facts to reasonably explain the need

for an extension of the deadline:

1. The State’s brief is finished and ready to be filed. The parties recently

reached a plea agreement, however, and they are set to meet to put the

agreement and a confession in writing. Once that happens, the State will file

a motion to dismiss. If the defendant changes his mind and does not sign the

plea agreement with confession, the State will file its brief by the next

deadline.

2. This request is not made for the purpose of delay.

2 WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to January 15, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

___________________________ Angie Creasy Assistant District Attorney State Bar No. 24043613 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4206 Angie.Creasy@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 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

261 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.

___________________________ Angie Creasy Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 2nd day of January, 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 Appellee’s attorney,

Richard T. Jones, Attorney at Law, 1302 West Avenue, Austin, Texas 78701.

________________________________ Angie Creasy Assistant District Attorney