State v. Philip Dubord

Opinion

ACCEPTED 03-15-00553-CR 7306806 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 10:59:48 AM JEFFREY D. KYLE No. 03-15-00553-CR CLERK

In the Third Court of Appeals FILED IN 3rd COURT OF APPEALS Austin, Texas AUSTIN, TEXAS 10/9/2015 10:59:48 AM JEFFREY D. KYLE Clerk

THE STATE OF TEXAS, Appellant,

v.

PHILIP DUBORD, Appellee.

On appeal from the County Court-at-Law Number Three, Travis County, Texas Trial Cause No. C-1-CR-12-204755

STATE’S MOTION TO EXTEND TIME FOR FILING ITS BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

On September 24th, the State moved to abate the appeal for further

trial-court findings. This motion is still pending before the Court.

The Court’s website shows that the State’s brief is due on October

13th. Without supplemental findings, the State is unable to brief whether a reasonable suspicion of criminal activity supported the initial detention in

this DWI case.

PRAYER

The State asks the Court to extend the time for filing its brief to 30

days from the date that the trial-court clerk files a supplemental record

containing the necessary findings with the Third Court Clerk.

Respectfully submitted,

DAVID A. ESCAMILLA TRAVIS COUNTY ATTORNEY

Giselle Horton Assistant Travis County Attorney State Bar Number 10018000 Post Office Box 1748 Austin, Texas 78767 Telephone: (512)854-9415 TCAppellate@traviscountytx.gov

ATTORNEYS FOR THE STATE OF TEXAS

2 CERTIFICATE OF COMPLIANCE

Relying on Corel WordPerfect’s word-count function, I certify that this motion complies with the word-count limitations of Tex. R. App. P. 9.4, and contains in its entirety 263 words.

Giselle Horton

CERTIFICATE OF SERVICE

I certify that I have sent a complete and legible copy of this motion via electronic transmission, to Mr. Dubord’s attorney of record, Mr. Wayne Meissner, at wmeissner@fitzgeraldmeissner.com, on October 9, 2015.

Giselle Horton Assistant Travis County Attorney