State v. Michael Yanez

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.

2

(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.

3

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

4

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