ACCEPTED
03-14-00499-CV
3963251
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/30/2015 11:30:46 AM
JEFFREY D. KYLE
No. 03-14-00499-CV CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
1/30/2015 11:30:46 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
ROBERT LEE MARTIN § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. 95-5530
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 appellant was convicted of Aggravated Sexual Assault and was
sentenced to life in the Texas Department of Criminal Justice Institutional Division.
The appellant filed a motion for appointment of counsel pursuant to Chapter 64 of the
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Texas Code of Criminal Procedure. This motion was denied by the Trial Court on July
18, 2014. The appellant filed his notice of appeal in the above cause on August 15,
2014. Appellant submitted a pro se brief that was marked filed by this Court on
October 30, 2014.
(b) The State’s brief is currently due on January 30, 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. During the period since the appellant’s brief was filed, the undersigned
attorney has completed and filed an original brief in two other pending
appellate cases, (i.e., Eduardo Mora-Hernandez v. State of Texas, No. 03-13-
00548-CR; and Terry Atkins v. State of Texas, No. 03-13-00509-CR). The
undersigned attorney has also filed a response to two pending Petitions for
Writ of Mandmaus, (i.e., In re Jose L. Aguirre, No. 03-14-00582-CV; and In
re Donald Aekins, No. 03-15-00004-CV). The undersigned attorney is
responsible for preparing the State’s brief in two other pending appellate
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cases (i.e., Samuel Adkins v. State of Texas, No. 03-14-00285-CR; and In the
Matter of R.J., No. 03-14-00389-CR).
2. 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.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to February 9, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
State Bar No. 00789128
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. (512) 854-4810
Kathryn.Scales@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
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CERTIFICATE OF INABILITY TO CONFER WITH PRO SE APPELLANT
I hereby certify, based on information and belief, that the appellant, whose
brief was filed pro se, is currently in custody at the Clements Unit of the Texas
Department of Criminal Justice Institutional Division and is unavailable to confer
by telephone with undersigned counsel about whether the appellant opposes the
instant motion for an extension of the deadline for filing the State’s brief.
Further, even though this appeal has been assigned a cause number ending in
“-CV” rather than “-CR,” the appellant’s claim is inherently criminal, not civil, in
nature. A certificate of conference is not generally required to be included in a
motion to extend the deadline for filing the appellee’s brief in a criminal case.
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
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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
354 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/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 30th day of Janaruy, 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, Robert Lee Martin, TDCJ
#1050629, Clements Unit, 9601 Spur 591, Amarillo, Texas 79107-9606.
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
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