ACCEPTED
03-15-00153-CR
4878823
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/14/2015 11:41:33 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00153-CR
THE STATE OF TEXAS § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
v. § DISTRICT 4/14/2015
COURT11:41:33
OF AM
JEFFREY D. KYLE
FRANCES ANITA ROBINSON § APPEALS OF TEXAS Clerk
STATE’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellant in the above styled and numbered
cause, and moves for an extension of time of 30 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellee was indicted by a grand jury on June 5, 2013 for the charge of
Intoxication Manslaughter in CR2013-267. After Appellee’s motion to suppress
evidence was granted by the trial court on February 18, 2015, the State timely
appealed pursuant to article 44.01 of the Code of Criminal Procedure, and a stay
was granted by the Court of Appeals on March 20, 2015. The State timely filed its
request for findings of fact and conclusions of law with the trial court on March 10,
2015. See Tex. R. Civ. P. 296. Out of an abundance of caution, the State timely
filed its notice of past due findings of fact and conclusions of law on April 9, 2015,
along with the State’s proposed findings for the trial court. See Tex. R. Civ. P. 297.
1
II.
Assistant District Attorney Daniel Palmitier is handling the appeal for the
State in this case. When the State filed its notice of past due findings, supra, it was
informed that the Defendant/Appellee had not yet provided her proposed findings
and conclusions to the court. Under Texas Rule of Civil Procedure 297, said
findings should be filed by April 20th. In addition to its need for the trial court’s
findings, Mr. Palmitier had several trials in recent weeks, including CR2014-031
from March 23rd to March 27th and CR2014-042 last week. Furthermore, Mr.
Palmitier typically has multiple trial settings every week. Although Mr. Palmitier
has already performed much of the necessary research, he has not yet been able to
complete the State’s brief. In light of the foregoing, the State respectfully requests
an extension of 30 days to file its brief. This is the first extension sought by
Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until May 14, 2015, so that
Appellant’s brief will fully, adequately and accurately present its case to the
Honorable Court of Appeals. This extension is not requested for purposes of delay
but so that justice may be done.
2
Respectfully submitted,
/s/ Joshua D. Presley
Joshua D. Presley SBN: 24088254
preslj@co.comal.tx.us
Comal Criminal District Attorney’s Office
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Ph: (830) 221-1300 / Fax: (830) 608-2008
CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of
Texas, hereby certify that a true and correct copy of the above and foregoing
State’s First Motion to Extend Time to File Brief was sent to Defendant/Appellee
FRANCES ANITA ROBINSON’s attorney of record in this matter:
Mr. Charles Sullivan
csullivan@lawcsullivan.com
308 Campbell Dr.
Canyon Lake, TX 78133
Fax: 210-579-6448
Attorney for Appellee on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov
on this the 14th day of April, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
3