ACCEPTED
03-17-00117-CR
21264122
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 12:10 PM
JEFFREY D. KYLE
NO. 03-17-00117-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
12/13/2017 12:10:35 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
TAJAY STEPHENS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D-1-DC-16-301543
STATE'S FIRST MOTION FOR EXTENSION OF TIME
TO THE HONORABLE COURT OF APPEALS:
The State of Texas respectfully moves for an extension of the deadline for
filing the State’s brief and, in accordance with Texas Rules of Appellate Procedure
38.6 and 10.5(b), advises the Court as follows:
(a) Following his conviction for Possession of a Controlled Substance with
Intent to Deliver, the appellant filed his notice of appeal in the above cause on
February 14, 2017. Appellant’s counsel filed a brief on November 13, 2017.
(b) The State’s brief is currently due on December 13, 2017.
1
(c) This request is that the deadline for filing the State’s brief be extended
by 30 days.
(d) The number of previous extensions of time granted for submission of
the State’s brief is: none.
(e) The State relies upon the following facts to reasonably explain the
need for an extension of the deadline:
1. During the period since this brief was filed, the attorney assigned to this
case has completed and filed a response brief in another pending
appellate case, (i.e. Clyde Everett Reed v. State of Texas, No. 08-16-
00348-CR). The undersigned attorney has also been assigned to prepare a
response brief in another pending appellate case, (i.e. Robert Isreal v.
State of Texas, No. 03-17-00296-CR).
2. This request is not made for the purpose of delay, but to ensure that the
Court has a proper State’s brief to aid in the just disposition of the above
cause.
2
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to January 12, 2018.
Respectfully submitted,
MARGARET MOORE
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4206
Lisa.Stewart@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
3
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based
upon the computer program used to generate this motion, that this motion contains
260 words, excluding words contained in those parts of the motion that Rule 9.4(i)
exempts from inclusion in the word count. I certify, further, that this motion is
printed in a conventional, 14-point typeface.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 13th day of December, 2017, a true and correct
copy of this motion was served, by U.S. mail, electronic mail, facsimile, or
electronically through the electronic filing manager, to the Appellant’s attorney,
Robert Allen Daniel, Attorney at Law, 707 West 14th Street, Austin, Texas 78701,
robert.daniel@rdlawaustin.com.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
4
Tajay Stephens v. State
Combined Opinion