ACCEPTED
05-14-01186-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/1/2015 1:09:47 PM
LISA MATZ
CLERK
IN THE COURT OF APPEALS FOR THE
FIFTH DISTRICT OF TEXAS AT DALLAS
FILED IN
5th COURT OF APPEALS
KEVIN ALLEN FOSTER, § DALLAS, TEXAS
APPELLANT § 6/1/2015 1:09:47 PM
§ No. 05-14-01186-CR
LISA MATZ
v. § Clerk
§
THE STATE OF TEXAS, §
APPELLEE §
STATE’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE STATE’S BRIEF
COMES NOW, the State of Texas, by and through the Criminal District
Attorney of Collin County, Greg Willis, and tenders, pursuant to Texas Rules of
Appellate Procedure 10.5(b) and 38.6(d), its first motion for an extension of time
to file the State’s brief. In support of this motion, the State would show the
following:
I.
The Court below is the 416th Judicial District Court of Collin County,
Texas. The case is styled State of Texas v. Keven Allen Foster, cause number 366-
80380-2014.
II.
Appellee was convicted by a jury of continuous sexual abuse of a child and
sentenced by the trial court to fifty years in prison.
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III.
The State’s brief was due on May 24, 2015. The State has not previously
requested an extension of time. The case is not yet set for submission.
IV.
The State is requesting this extension so that it might adequately address the
issues at hand. The extension is not requested for the purpose of an improper delay.
V.
The State alleges good cause exists for the extension. The undersigned has
filed one brief and two oral arguments before this Court in the past month.
Additionally, undersigned was out of town for the Memorial Day holiday. The
State’s brief is filed contemporaneous with this motion.
WHEREFORE, premises considered, the State respectfully requests that the
Court grant the State’s motion to extend the time to file its brief for eight days,
until June 1, 2015.
Respectfully submitted,
GREG WILLIS
Criminal District Attorney
Collin County, Texas
JOHN R. ROLATER, JR.
Assistant Criminal District Attorney
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Chief of the Appellate Division
/s/ Andrea L. Westerfeld
ANDREA L. WESTERFELD
Assistant Criminal District Attorney
2100 Bloomdale Rd., Ste. 200
McKinney, Texas 75071
State Bar No. 24042143
(972) 548-4323
FAX (214) 491-4860
awesterfeld@co.collin.tx.us
CERTIFICATE OF SERVICE
A true copy of the State’s First Motion for Extension of Time to File State’s
Brief has been electronically served on counsel for Appellant, Debbie Lopez-Carr,
and a courtesy copy emailed to ourgoodlawyer@gmail.com, on this, the 1st day of
June, 2015.
/s/ Andrea L. Westerfeld
Andrea L. Westerfeld
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Keith Allen Foster v. State
Combined Opinion