ACCEPTED
03-15-00153-CR
7001534
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/18/2015 4:44:10 PM
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 9/18/2015
COURT4:44:10
OF PM
JEFFREY D. KYLE
FRANCES ANITA ROBINSON § APPEALS OF TEXAS Clerk
STATE’S UNOPPOSED FOURTH & FINAL 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 28 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.Appellee’s motion to suppress evidence
was granted by the trial court on February 18, 2015, and the State timely appealed
pursuant to article 44.01 of the Code of Criminal Procedure. A stay was granted by
the Court of Appeals on March 20, 2015. After the Court abated and remanded the
case for entry of the trial court’s findings, the case was reinstated in the Court on
July 20, 2015. The State’s brief is currently due on September 18, 2015.
II.
I am handling the appeal for the State in this case. In early September I had
trial in CR2013-377. I then finished working on the State’s brief in cause number
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03-14-00270-CV before it was submitted to the Court on September 9, 2015. I also
had to handle my regular duties, including intake, grand jury indictments and
docket calls. Additionally, next week I will be attending a nearly week-long
conference with my office to meet my annual CLE requirements. While I have
completed part of the State’s brief in the instant case, I have not yet had the
opportunity to complete it. In light of the foregoing, the State respectfully requests
an extension of 28 days to file its brief. This is the fourth and final extension
sought by Appellant, and it is unopposed by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 28 days, until October 16, 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.
Respectfully submitted,
/s/ Daniel Palmitier
Daniel Palmitier, SBN: 24062934
palmid@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
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CERTIFICATE OF SERVICE
I, Daniel Palmitier, Assistant District Attorney for Appellant, the State of
Texas, hereby certify that a true and correct copy of the above and foregoing
State’s Unopposed Fourth & Final 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
Lead Attorney for Appellee on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov
on this the 18th day of September, 2015.
/s/ Daniel Palmitier
Daniel Palmitier
CERTIFICATE OF CONFERENCE
I certify that I have conferred or made reasonable attempts to confer with all
other parties about the merits of this motion and whether the parties oppose the
motion. Ms. Gina Jones, Attorney for Defendant/Appellee FRANCES ANITA
ROBINSON, was not opposed to the instant motion.
/s/ Daniel Palmitier
Daniel Palmitier
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