ACCEPTED
03-14-00290-CR
3647462
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 11:50:23 AM
JEFFREY D. KYLE
NO. 03-14-00290-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
1/5/2015 11:50:23 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
MICHAEL SHAWN ALEXANDER § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 403RD JUDICAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-201709
STATE'S FIRST 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) Following his conviction for Assault Family Violence – Strangulation, the
appellant filed his notice of appeal in the above cause on May 1, 2014. Appellant filed
a brief on December 4, 2014.
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(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
30 days.
(d) The number of previous extensions of time granted for submission of the
State’s brief is: none.
(e) The State relies upon the following facts to reasonably explain the need
for an extension of the deadline:
1. During the period since this brief was filed, the attorney assigned to this case
has been working on other pressing appellate matters and has not had
sufficient time to prepare an adequate responsive to this brief.
2. The undersigned is further responsible for reviewing post-conviction writ of
habeas corpus applications filed with our offense and preparing necessary
responses.
3. This request is not made for the purpose of delay, but to ensure that the
Court has a proper State’s brief to aid in the just disposition of the above
cause.
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WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to February 4, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/Georgette Hogarth
Georgette Hogarth
Assistant District Attorney
State Bar No. 24007129
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Georgette.Hogarth@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
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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
248 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.
/s/Georgette Hogarth
Georgette Hogarth
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 5th 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 Appellant’s attorney, Paul M. Evans,
Attorney at Law, 811 Nueces Street, Austin, Texas 78701.
/s/Georgette Hogarth
Georgette Hogarth
Assistant District Attorney
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