ACCEPTED
02-17-00039-CR
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/14/2017 11:07 AM
DEBRA SPISAK
CLERK
IN THE COURT OF APPEALS
SECOND JUDICIAL DISTRICT OF TEXAS FILED IN
2nd COURT OF APPEALS
FORT WORTH, TEXAS
AT FORT WORTH 12/14/2017 11:07:09 AM
DEBRA SPISAK
Clerk
ROSA MARIA ORTEGA, §
Appellant §
§
v. § NO. 02-17-00039-C
§
THE STATE OF TEXAS, §
Appellee §
______________________________
APPELLEE’S REFILED UNOPPOSED SECOND MOTION FOR AN
EXTENSION OF TIME WITH BRIEF IN SUPPORT
______________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, the State of Texas and files this, the State’s Refiled 1 0F
Second Motion for an Extension of Time with Brief in Support and
respectfully shows the following:
I.
1 Appellee initially filed a second motion for an extension of time, which was returned
for failure to comply with Local Rule 3(c), which mandates that a party seeking an
extension of time in a criminal case state whether the defendant is incarcerated. This
Court granted Appellee until December 14, 2017, to refile the motion.
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Appellant, Rosa Maria Ortega, filed her brief on October 11, 2017.
Appellee’s brief was originally due Friday, November 10, 2017. After
receiving a thirty-one day extension from this Court, Appellee’s brief is
now due on Monday, December 11, 2017.
II.
Appellee is asking for a thirty-day extension making the new
deadline Wednesday, January 10, 2018. This is appellee’s second
extension.
III.
Despite receiving an initial thirty-one-day extension, the
undersigned attorney notes that he has filed five briefs in federal district
court over the last thirty days. During this period, the undersigned has
submitted responses in Hass v. Davis, Civil Action No. 4:17cv68, Green
v. Davis, Civil Action No. 4:17-cv-00778, McLemore v. Davis, Civil Action
No. 3:17-CV-2132, Akin v. Davis, Civil Action No. 4:17cv513, Jones v.
Davis, Civil Action No. W-17-CA-243. In addition, the Director has six
responses due in the next thirty days. Moreover, the undersigned’s office
was closed November 22, 2017, November 23, 2017, and November 24,
2017, in observance of Thanksgiving.
The undersigned believes that Appellant is not incarcerated, as she
is currently released pursuant to an appellate bond, as reflected in the
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Clerk’s Record. CR 369–370. The undersigned has no reason to believe
that her appellate bond has been revoked.
This is Appellee’s second request for an extension of time in this
cause and it is not designed to harass Appellant, nor to unnecessarily
delay these proceedings, but to ensure that Appellant’s points of error are
properly addressed.
WHEREFORE, PREMISES CONSIDERED, Appellee respectfully
prays that this motion be granted extending the deadline for the filing of
appellee’s brief to Wednesday, January 10, 2018.
Respectfully Submitted,
KEN PAXTON
Attorney General of Texas
JEFF MATEER
First Assistant Attorney General
ADRIENNE MCFARLAND
Deputy Attorney General
For Criminal Justice
EDWARD L. MARSHALL
Chief, Criminal Appeals Division
Ali M. Nasser
*Lead Counsel ALI M. NASSER*
Assistant Attorney General
State Bar No. 24098169
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P. O. Box 12548, Capitol Station
Austin, Texas 78711
(512) 936-1400
(512) 936-1280 (FAX)
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Mr. David Pearson prior to the
filing of this motion, and he indicated that he did not oppose the
extension.
Ali M. Nasser
ALI M. NASSER
Assistant Attorney General
State Bar No. 24098169
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing
pleading has been served on counsel of record on December 14, 2017, to
Mr. David Pearson, via electronic mail.
ALI M. Nasser
Assistant Attorney General
State Bar No. 24098169
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