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.
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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
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.
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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
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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
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
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