Joe Derek Carr v. State

ACCEPTED
03-14-00235-CR
4558425
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/19/2015 10:04:13 AM
JEFFREY D. KYLE
NO. 03-14-00235-CR CLERK

IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
3/19/2015 10:04:13 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk

AUSTIN, TEXAS

JOE DEREK CARR § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 147TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-11-902003

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 Murder, the appellant filed his notice of

appeal in the above cause on April 10, 2014. Appellant’s counsel filed a brief on

February 18, 2015.

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(c) The State’s brief is currently due on March 20, 2015.

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. The attorney assigned to this case is a part-time attorney and has not had

sufficient time to prepare an adequate responsive brief.

2. During the period since the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in two other pending

appellate cases, (i.e., Curtis Adams v. State of Texas, No. 03-14-00180-CR;

and C.W. v. Texas Department of Family and Protective Services, No. 03-14-

00746-CV). The undersigned attorney is responsible for preparing the State’s

brief in another pending appellate case, (i.e., Jesus Villalobos, Jr. v. State of

Texas, No. 03-13-00687-CR).

3. 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.

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WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to April 20, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG
District Attorney
Travis County, Texas

/s/ Rosa Theofanis
Rosa Theofanis
Assistant District Attorney
State Bar No. 24037591
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Rosa.Theofanis@traviscountytx.gov
AppellateTCDA@traviscountytx.gov

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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

284 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/ Rosa Theofanis
Rosa Theofanis
Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 19th day of March, 2015, 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, Kristen Jernigan,

Attorney at Law, 207 S. Austin Ave., Georgetown, Texas 78626.

/s/ Rosa Theofanis
Rosa Theofanis
Assistant District Attorney