ACCEPTED
01-14-00496-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/27/2015 4:56:06 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00496-CR
In the FILED IN
Court of Appeals for the First District of Texas 1st COURT OF APPEALS
HOUSTON, TEXAS
At Houston 2/27/2015 4:56:06 PM
CHRISTOPHER A. PRINE
Clerk
Cause No. 2013R-0086
In the 1551h District Court
Of Austin County, Texas
PATRICK I.ITIRD,
Appellant
THE STATE OF TEXAS,
Appellee
FIRST MOTION FOR EXTENSION OF T IMII F o F ILING
APPF,T,I,F,F,'S RRIEF
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Assistant District Attomey Brandy Robinson, Appellee, moves the court for an
extension of time for filing Appellee's brief. The present date for filing is March 6,2015,
and Appellee requests said time be extended until April 6,2015.
I
Appellee seeks an extension of time for the follou,ing reasons:
1 Appellant's motion alleges insufficiency of the evidence, and Appellee's
response requires extensive fact-intensive briefing.
2 Appellant filed Appellant's Brief in this matter on February 4, 2015.
Appellee subsequently completed other appellate matters. Appellee filed
its brief in Wheeler v. State, 01-14-0868-CR, on February 5, 2015.
Appellee completed and filed its brief in Marek v. State, 0l-14-00431-CR,
on February 9,2015.
3 Appellee is first chair on a contested Motion to Adjudicate hearing on State
v. Laura Lyons, Possession of a Controlled Substance (First Degree
Felony),2007R-0116 at 1:30 p.m. on March 3,2015 and has been
preparing for that hearing.
4 Appellee is first chair on the trial to determine competency on State v.
Pickron, Murder, 2011R-0076, and has been actively preparing for this
competency trial, with evidence to begin the afternoon of March 9,2015.
) Appellee is first chair on the trial of State v. Holba, Continuous Sexual
Abuse of a Child, 2013R-0094, and has been actively preparing for trial,
with evidence to begin on March 1 1, 2015.
6 Appellee's office has only four attorneys, and Appellee is responsible for
all appellate matters within the office. As part of Appellee's additional
responsibilities as a misdemeanor and felony prosecutor, Appellee has
represented the State on felony and misdemeanor dockets on February 12ft,
171h, and lgth, 2015, and will be required to represent the State on felony
and misdemeanor dockets on March 3'd, 5th, 19th, 241h, and 26th,2015.
II.
This is the first extension requested. Appellee has contacted Appellant,s counsel,
who does not oppose the extension. There have been no previous extensions.
ilt.
Appellee moves to extend time to file Appellee's Brief until April 6, 2015.
Respectfully subrni tt"d,
Bran y N. Robinson
Asst. Criminal District Attorney
One East Main
Bellville, Texas 7741 8
(979) 865-s933
State Bar No. 24051688
CERTIFICATE OF SERVICE
I, Brandy Robinson, hereby certiff that a true and correct copy of the First Motion for
Extension of Time for Filing Appellee's Brief has been served upon, Calvin Garvie,
attomey for Appellant, via email at texattycg@aol.com.
Date: 7'sr-tS 1 /. 'a2--
dy o tnson
STATE OF TEXAS $
$
COI.INTY OF AUSTIN $
BEFORE ME, the undersigned authority, on this day personally appeared Brandy
N. Robinson, who after being duly sworn upon her oath did depose and state:
I
"My name is Brandy N. Robinson, and am the attorney of record for the
Appetlee in the foregoing entitled and numbered cause. I am familiar with the facts and
allegations contained in the foregoing First Motion for Extension of Time for Filing
Appellee's Brief, and they are correct."
41t
,
z
^)N. Robinson
Bran dy
/a
SUBSCRIBED AND SWORN to before me this the ff ----J
ay ot?QtJUartt , 2015.
)
o Public, State of Texas
Commission Expires , % 3-a0lb
LISATOBOLA
Notary Public, Stato ot Texas
Commlssion Exptes 09J3-2016