ACCEPTED
04-14-00814-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
6/9/2015 10:01:59 PM
KEITH HOTTLE
CLERK
NO. 04-14-00814-CR
JACOB R. SONGER § IN THE FOURTH DISTRICT
FILED IN
4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
v. § COURT OF 6/9/2015 10:01:59 PM
APPEALS
KEITH E. HOTTLE
§ Clerk
STATE OF TEXAS § SAN ANTONIO, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF
TO THE HONORABLE JUDGES OF THE FOURTH COURT OF APPEALS:
NOW COMES Don Allee, County Attorney of Kendall County and Counsel for the
State of Texas, and files this Motion asking that the Court extend the time for filing the
State’s brief.
Jacob Songer, Appellant, filed a notice of appeal on November 4, 2014. The
Clerk’s Record was filed on February 2, 2015, and the Reporter’s Record was filed
December 11, 2014. Appellant’s brief was originally due on January 9 2015. After two
motions for extension of time were granted, Appellant’s brief was filed May 11, 2015.
Appellee’s brief is due June 10, 2015. This is Appellee’s first motion for extension and
the State requests a 30 day extension.
This extension is not sought for the purpose of delaying this appeal. State
requests an extension for the following reasons:
1) Counsel would like more time to research and write this brief. The appellant
did not timely request findings of facts and conclusions of law, and in the
absence of such, the Appellant’s brief makes statements the State needs more
time to research in order to respond appropriately.
2) Counsel has recently been handling all criminal misdemeanor intake for
Kendall County.
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3) Counsel has recently been consulting on legislation proposed during the 84th
legislative session regarding the redistricting of Kendall County.
4) Counsel and one other attorney are responsible for all criminal misdemeanor
prosecutions, felony and misdemeanor juvenile prosecutions, Justice of the
Peace criminal prosecutions, and protective order applications. The State has
had numerous settings under these responsibilities the past 30 days.
Therefore, counsel respectfully asks the Court to grant this extension o f time
to file the State’s brief in this case.
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays that the
Court grant an extension of time to July 20, 2015, for filing the State’s brief pursuant
to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).
Respectfully submitted,
Don Allee
County Attorney
Kendall County, Texas
/s/ Nicole S. Bishop
Nicole S. Bishop
State Bar No. 24066071
Assistant County Attorney
201 East San Antonio, Suite 306
Boerne, Texas 78006
Phone: (830) 249-9343
Fax: (830) 249-4176
Email:nicole.bishop@co.kendall.tx.us
Attorney on Appeal
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CERTIFICATE OF SERVICE
I, Nicole S. Bishop, Assistant County Attorney, Kendall County, Texas, certify that
a copy of the foregoing motion was served to Appellant’s counsel, Harold J. Danford and
John H. Mathews, at hdanford@ktc.com, on this 9th day of June, 2015.
/s/ Nicole S. Bishop
Nicole S. Bishop
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