ACCEPTED
03-13-00723-CR
5240161
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/11/2015 9:18:06 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-0723-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
THIRD DISTRICT AUSTIN, TEXAS
AUSTIN, TEXAS 5/11/2015 9:18:06 PM
JEFFREY D. KYLE
CHARLES ANTHONY MALOUFF, JR., APPELLANT Clerk
VS.
THE STATE OF TEXAS, APPELLEE
THE STATE’S MOTION FOR LEAVE TO FILE BRIEF
IN EXCESS OF THE PRESCRIBED WORD LIMITATION
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Pursuant to Rule 9.4 of the Texas Rules of Appellate Procedure, the
State of Texas, by and through the District Attorney for Travis County,
respectfully moves this Court for its order permitting the State to file a brief
that exceeds 15,000 words in length.
In support of this motion, the State asserts that the granting of this
motion would be in the interests of justice because of the nature and
complexity of the issues and the applicable law. It is the belief of
undersigned counsel that the granting of this motion would enable the State
to fully and properly present its arguments for the benefit of the Court.
The State’s proposed brief is being submitted contemporaneously with
this motion. That brief addresses the appellant’s four points of error, some
of which raise factual and legal issues that are very complex. Some points
are multifarious and require the analysis of multiple issues. In this case, the
appellant was convicted of the offense of Securing the Execution of a
Document by Deception in relation to his role in the submission of a grant
application.
In addition to responding to the appellant’s claims, the State’s brief
also sets forth a cross-point of error.
The complexity of the issues presented here is evidenced, in part, by
the fact that the reporter’s record consists of 27 volumes and the fact that the
clerk’s record consists of roughly 1,300 pages. Undersigned counsel
respectfully asserts that a brief of the length submitted herewith is needed to
fully respond to the appellant’s points of error and fully assert the State’s
cross-point of error.
PRAYER
Wherefore, the State requests that this Court grant the State leave to
file a brief that exceeds 15,000 words in length.
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Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
Director, Appellate Division
State Bar No. 00785584
P.O. Box 1748
Austin, Texas 78767
Phone No. (512) 854-3626
Fax. No. (512) 854-4810
Scott.Taliaferro@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify,
based on the computer program used to generate this motion, that this
motion contains 296 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/ M. Scott Taliaferro
M. Scott Taliaferro
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CERTIFICATE OF SERVICE
I hereby certify that, on this 11th day of May, 2015, a copy of the
foregoing motion was sent, via U.S. mail, email, facsimile, or electronically
through the electronic filing manager, to the following attorney for the
appellant:
Ariel Payan, Esq.,
1012 Rio Grande
Austin, TX 78701
Fax No. (512) 472-4102
Email: arielpayan@hotmail.com
/s/ M. Scott Taliaferro
M. Scott Taliaferro
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