ACCEPTED
03-14-00637-CR
6659682
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/26/2015 12:18:02 PM
JEFFREY D. KYLE
No. 03-14-00637-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
8/26/2015 12:18:02 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
CHRISTOPHER ROBERTS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 403RD JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-302227
STATE'S FOURTH 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) Following his conviction for Murder, the appellant filed his notice of appeal
in the above cause on September 29, 2014. Appellant’s counsel filed a brief on April
23, 2015.
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(b) The State’s brief is currently due on August 26, 2015.
(c) This request is that the deadline for filing the State’s brief be extended by
14 days.
(d) The number of previous extensions of time granted for submission of the
State’s brief is: three.
(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 four other pending
appellate cases, (i.e. Antonio Perez Lopez v. State of Texas, No. 03-14-
00452-CR; Charles Anthony Malouff, Jr. v. State of Texas, No. 03-13-
00723-CR; Eric Robertson v. State of Texas, No. 07-15-00030-CR; and
Graham Jay Sonnenberg v. State of Texas, No. 03-14-00530-CR;). The
undersigned attorney has also completed and filed a motion for rehearing in
another pending appellate case, (i.e. Gerald Christopher Zuliani v. State of
Texas, No. 03-13-00490-CR to 03-13-00493-CR and 03-13-00495-CR).
The undersigned attorney is also responsible for preparing the State’s brief in
three other pending appellate cases (i.e. Terrell Maxwell v. State of Texas,
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No. 03-14-00586-CR; Miguel Macias v. State of Texas, No. 14-15-00030-
CR; and Miguel Radilla Esquivel v. State of Texas, No. 03-14-00544-CR).
2. In addition, the undersigned attorney, as the director of the Appellate
Division of the Travis County District Attorney’s Office, has been required,
during the pendency of the instant appeal, to spend a considerable amount of
time working on a variety of other legal matters and administrative issues.
3. This request is not made for the purpose of delay but to ensure the
submission of a brief that fully addresses the issues and assists the Court in
its disposition of this murder case.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to September 9, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
State Bar No. 00785584
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. (512) 854-4810
Scott.Taliaferro@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
379 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/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 26th day of August, 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’s attorney, Kristen Jernigan,
Attorney at Law, 207 S. Austin Avenue, Georgetown, Texas 78626,
[Kristen@txcrimapp.com].
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
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