ACCEPTED
03-15-00247-CR
7215720
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/2/2015 5:04:23 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00247-CR
KAYLA JEAN LARDIERI § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 10/2/2015
COURT5:04:23
OF PM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE
BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves for an extension of time of 14 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted by a jury of Attempt to Commit Capital Murder,
Aggravated Kidnapping, Aggravated Robbery, and Tampering with Physical
Evidence. Her punishment was assessed by the trial court at 30 years for the
Attempted Capital Murder, Aggravated Kidnapping and Aggravated Robbery
offenses, for which there was a deadly weapon finding. She received 10 years for
the Tampering offense. The sentences were to be served concurrently. Appellant
was also assessed court costs. Appellant’s brief was filed on July 2, 2015. The
State’s brief is currently due on October 2, 2015.
1
II.
I was the attorney for the State at trial, and I am handling the State’s brief on
appeal. From the 8th to the 15th of September I tried a sexual assault of a child case
in CR2011-575. I had another trial involving the sexual assault of a child from
September 14th to the 23rd. I subsequently joined the rest of my office in Corpus
Christi for a CLE conference on the 24th and 25th of September. Additionally, I
have had to manage my regular docket. I have completed some of the work on the
State’s response. However, because of the foregoing, I have not yet been able to
finish it and respectfully request an extension of 14 days to file the State’s brief in
the instant cause. This is the third extension sought by Appellee. Appellant does
not oppose the instant motion.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 14 days, until October 16, 2015, so that an
adequate response may be made to Appellant’s brief. This extension is not
requested for purposes of delay but so that justice may be done.
Respectfully submitted,
/s/ Chari L. Kelly
Chari L. Kelly - SBN: 24057939
kellyc@co.comal.tx.us
Comal Criminal District Attorney’s Office
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
2
Ph: (830) 221-1300 / Fax: (830) 608-2008
CERTIFICATE OF SERVICE
I, Chari L. Kelly, Assistant District Attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this State’s Unopposed
Third Motion to Extend Time to File Brief has been delivered to Appellant
KAYLA JEAN LARDIERI’s attorney in this matter:
Paul A. Finley
pfinley@reaganburrus.com
Reagan Burrus, PLLC
401 Main Plaza, Suite 200
New Braunfels, TX 78130
Counsel for Appellant on Appeal
by electronically sending it to the above-listed email address through
efile.txcourts.gov, this 2nd day of October, 2015.
/s/ Chari L. Kelly
Chari L. Kelly
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. Mr. Paul Finley, Attorney for Appellant KAYLA JEAN LARDIERI, was
not opposed to the instant motion.
/s/ Chari L. Kelly
Chari L. Kelly
3