ACCEPTED
03-17-00065-CR
21121376
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/6/2017 1:57 PM
JEFFREY D. KYLE
CLERK
NO. 03-17-00065-CR
LANE WALKER WALDRON § IN THE THIRD COURT
FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
v. § OF APPEALS
12/6/2017 1:57:36 PM
§ JEFFREY D. KYLE
THE STATE OF TEXAS § AT AUSTIN, TEXASClerk
STATE’S AMENDED MOTION FOR LEAVE TO FILE BRIEF IN EXCESS
OF WORD LIMIT
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves for leave to file its Brief in excess of the word limit, and in
support thereof would show the following:
Appellant filed a brief and a supplemental brief in the instant Capital
Murder cause raising a total of ten points of error. The State submitted its brief
shortly before midnight on December 4th, along with a motion to exceed the word
limit at “16,124 words.” However, this afternoon the State noticed that its
Microsoft Word Counter – which typically has the ‘include footnote’ option
checked as a default – did not apparently include footnotes in that figure.
Accordingly, the State submits this Amended Motion to Exceed the Word Limit,
and for good cause would show the following:
Many of the responses to Applicant’s grounds require a detailed case-by-
case factual analysis, and the State’s brief includes numerous references to and
excerpts from the record as well as citations to other cases which found similar
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facts and circumstances significant. The State attempted to condense its brief
where possible. Because many of the facts, analysis and arguments were similar in
the State’s response to grounds 1-6, the State condensed its response to said
grounds into one section of the State’s brief. Additionally, to avoid unnecessary
repetition in its response, the State simply refers back to its Statement of Facts
where possible (i.e. the totality of the evidence). Even so, the State’s brief is
currently at 21,059 words, which exceeds the word limit of 15,000 words. Tex. R.
App. Proc. 9.4(i)(2)(B). The State’s counsel therefore respectfully requests
permission to file its 21,059-word brief so that the State may file an adequate
response to Appellant’s briefs and points of error, so that justice may be done.
Alternatively, if the Court prefers, the State can try to further reduce the
word count; however, the State believes many of the citations cited in its brief may
be helpful to the Court in its consideration of the instant case.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the State of Texas
Respectfully prays that the Court allow the filing of its brief in excess of the word
limit, or alternatively allow the State a short time to attempt to further reduce the
word count.
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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 the State of Texas,
Appellee, hereby certify that a true and correct copy of this Motion has been
delivered to Appellant LANE WALKER WALDRON’s attorney in this matter:
Richard E. Wetzel
wetzel_law@1411west.com
1411 West Ave., Suite 100
Austin, TX 78701
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 6th day of December, 2017.
/s/ Joshua D. Presley
Joshua D. Presley
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