Derek James Strimban v. State

ACCEPTED 14-15-00251-cr FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/16/2015 4:31:05 PM CHRISTOPHER PRINE CLERK No. 14-15-00251-CR In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS for the 11/16/2015 4:31:05 PM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston  No. 1962516 In the County Criminal Court at Law No. 9 Of Harris County, Texas  DEREK JAMES STRIMBAN Appellant v. THE STATE OF TEXAS Appellee  STATE’S THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN APPELLATE BRIEF  TO THE HONORABLE COURT OF APPEALS OF TEXAS: COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for an extension of time in which to file the State’s Brief in this cause, and, in support thereof, presents the following: 1. On December 15, 2014, appellant pled guilty to a misdemeanor charge of driving while intoxicated and was sentenced to 180 days in county jail, probated for a period of one year. 2. Appellant filed a timely written notice of appeal. 3. The State’s Brief is due on November 16, 2015. 4. On November 12, 2015, the State filed a motion to dismiss the appeal due to lack of jurisdiction. 5. An extension of time in which to file the State’s Brief is requested during the pendency of the resolution of the State’s motion to dismiss the appeal. In the event that this Court denies the State’s motion to dismiss the appeal, the State requests an additional fifteen (15) days from the date of the denial of the motion in which to file the State’s Brief. WHEREFORE, the State prays that this Court will grant an additional extension of time during the pendency of the resolution of the State’s motion to dismiss the appeal. Respectfully submitted, /s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 hudson_heather@dao.hctx.net curry_alan@dao.hctx.net CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been submitted for service by e-filing to the following address: Matthew J. DeLuca 712 Main St., Suite 2450 Houston, Texas 77002 Tel: (713) 429-4400 Fax: (713) 228-2366 mattdeluca@gmail.com /s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 Date: November 16, 2015