James Arthur Brown v. State

ACCEPTED 03-13-00760-CR 4305162 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/26/2015 4:57:37 PM JEFFREY D. KYLE CLERK No. 03-13-00760-CR FILED IN 3rd COURT OF APPEALS IN THE AUSTIN, TEXAS 2/26/2015 4:57:37 PM JEFFREY D. KYLE COURT OF APPEALS Clerk THIRD DISTRICT AUSTIN, TEXAS JAMES BROWN, Appellant v. THE STATE OF TEXAS, Appellee. SECOND MOTION TO EXTEND TIME FOR FILING APPELLEE'S BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: The State of Texas, by and through the District Attorney for Travis County, respectfully moves this Court to extend the time for filing Appellee's brief. In support of this motion, the State respectfully shows the Court as follows: Appellee's brief in this cause is due on Friday, February 27, 2015. Appellee has requested one prior extension to file Appellee's brief. Appellee respectfully requests an extension of seven days until March 6, 2015. Counsel’s recent trial schedule, including a jury trial February 23 – 24 with an ensuing sentencing hearing February 27, and other routine courthouse duties have 1 interfered with completion of the brief which is perhaps seventy-five percent complete. Only a brief time extension is necessary for completion. PRAYER For these reasons, the State requests the Court to grant this motion to extend the time for filing Appellee's brief until March 6, 2015. Respectfully submitted, ROSEMARY LEHMBERG DISTRICT ATTORNEY TRAVIS COUNTY, TEXAS /s/ William G. Swaim III Special Assistant District Attorney State Bar No. 00785074 P.O. Box 1748 Austin, Texas 78767 Phone (512) 854-9637 Fax No. (512) 854-9316 Bill.Swaim@traviscountytx.gov 2 CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based on the computer program used to generate this motion, that this motion contains 343 words, excluding words contained in those parts of the brief that Rule 9.4(i) exempts from inclusion in the word count. /s/ William G. Swaim III Special Assistant District Attorney CERTIFICATE OF SERVICE I certify that, on this the 26th day of February, 2015, a copy of the foregoing motion was sent, via U.S. mail, email, or electronically through the electronic file manager, to the following attorney for the appellant: Tanisa Jeffers, Esq. Brian Bernard, Esq. Bernard & Associates 1203 Baylor Street Austin, TX 78703 Fax: 512.478.9827 Email: tanisaL@hotmail.com attorneybernard@yahoo.com /s/ William G. Swaim III Special Assistant District Attorney 3