PD-1501-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
April 24, 2015 Transmitted 4/24/2015 2:01:58 PM
Accepted 4/24/2015 2:27:34 PM
ABEL ACOSTA
PD-1501-14 CLERK
ROBERT WILLIAM CORNWELL § IN THE COURT OF
§
V. § CRIMINAL APPEALS,
§
THE STATE OF TEXAS § IN AUSTIN, TEXAS
____________________________________________________
STATE'S MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district attorney, and
moves the Court for an extension of time to file its appellate brief in the above-captioned
case. The State would respectfully show the Court the following:
1. On April 10, 2013, the appellant was convicted of the offense of
impersonating a public servant. His punishment was assessed at
imprisonment for 2 years.
2. The Ninth Court of Appeals affirmed the appellant’s conviction in a
memorandum opinion dated October 8, 2014.
3. This Court granted the appellant’s petition for discretionary review, and the
appellant’s brief was filed in this Court on March 25, 2015.
4. The State’s brief is presently due to be filed in this Court on April 24, 2015.
5. The State has not previously requested an extension of time to file its brief.
1
6. The State hereby requests a one-month extension of time to file its brief, until
May 26, 2015.
7. Good cause exists for the requested extension of time, for the following
reasons:
In the past 30 days, the undersigned counsel for the State has
been required to prepare the State’s brief in William Joseph Smokey Lee
v. The State of Texas, Case No. 09-13-00569-CR; the State’s brief in
Jeromy John Leax v. The State of Texas, Case No. 09-14-00452-CR
and Cause No. 09-14-00453-CR; the State’s answer to application for
writ of habeas corpus, and findings of fact and conclusions of law in Ex
parte Brian Keith Balentine, Case No. 08-05-04682-CR-(1), and
presented oral argument in Jessica Sekerka Siegel v. The State of Texas,
Case No. 09-13-00536-CR; and in Ex parte Kemos Barnaby,
WR-80,099-01.
In addition, undersigned counsel is assigned to serve as the
prosecutor on Montgomery County’s misdemeanor expunction and
nondisclosure cases, and has been required to attend to duties pursuant
to those assignments, and is also assigned to serve as the prosecutor on
Montgomery County’s mental health cases, and has been required to
attend to duties pursuant to that assignment.
Consequently, counsel has not had sufficient time to prepare an
adequate State’s brief in this case.
2
THEREFORE, the State requests an extension of time to file its brief until May 26,
2015, in this case.
Respectfully submitted,
BRETT W. LIGON
District Attorney
Montgomery County, Texas
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 24072468
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
(936) 788-8395 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was sent
electronically using efile.txcourts.gov to the attorneys for the appellant on the date of the
filing of the original with the Clerk of this Court.
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
3