ACCEPTED
03-14-00538-CR
4241503
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/23/2015 7:56:12 AM
JEFFREY D. KYLE
No. 03-14-00538-CR CLERK
IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT
OF TEXAS, AT AUSTIN FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
Gary Don Ray 2/23/2015 7:56:12 AM
Appellant JEFFREY D. KYLE
Clerk
v.
The State of Texas
Appellee
On Appeal from the 452nd District Court of McCulloch County in Cause No. 5840
The Honorable Robert R. Hoffman, Judge Presiding
Unopposed Motion for Extension of Time
To File State’s Brief on Appeal
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
COMES NOW, the State of Texas, by and through her duly elected District
Attorney, Appellee in the above styled and numbered cause, and respectfully enters
this “Unopposed Motion for Extension of Time to File State’s Brief on Appeal,” and
in support of such Motion would show the Court:
I
Appellant was convicted of the offense of criminal trespass in case number 5840,
McCulloch County. Appellant was sentenced to 270 days in the McCulloch County
Jail and assessed a $4,000 fine. Appellant filed his notice of appeal with the trial court
on August 1, 2014.
II
The deadline for filing the State’s Brief with the Court was February 19, 2015.
This request for an extension is based upon the inability of counsel for the State to
finish research on the issues raised by the trial of the case and as set out in Appellant’s
brief.
III
Counsel for the State would further show that he will require an additional thirty
(30) days in which to complete the research and prepare the State’s Brief. This is the
State’s first request for an extension of time in which to file its brief. Counsel would
show that M. Patrick Maguire, counsel of record for Appellant, does not oppose the
request for an extension.
Prayer
WHEREFORE PREMISES CONSIDERED, the undersigned prays this
Honorable Court to grant the State’s motion for extension of time in which to file its
brief, and Order that the deadline for filing such be extended an additional thirty (30)
days, until March 23, 2015, or until such time as set by this Court.
Respectfully submitted,
/s/ Tonya Spaeth Ahlschwede
Tonya Spaeth Ahlschwede
District Attorney, 452nd District Court
P.O. Box 635
Mason, Texas 76856
eMail: tsa@452da.net
Tel: 325-347-8400
Fax: 325-347-8404
State Bar Card No. 24025656
Attorney for the State of Texas
2
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using WordPerfect™ X7
software, contains 370 words, excluding those items permitted by Rule 9.4 (i)(1),
Tex.R.App.Pro., and complies with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.;
and (2) on February 23, 2015, a true and correct copy of the above and foregoing
“Unopposed Motion for Extension of Time To File State's Brief on Appeal” was
transmitted via the eService function on the State's eFiling portal, to M. Patrick
Maguire (mpmlaw@ktc.com), counsel of record for the Appellant.
/s/ Tonya Spaeth Ahlschwede
Tonya Spaeth Ahlschwede
Counsel for the State of Texas
3