ACCEPTED
03-14-00516-CR
6623582
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/24/2015 2:22:27 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00516-CR
MARK ANTHONY SERRANO IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. THIRD COURT8/24/2015
OF APPEALS
2:22:27 PM
JEFFREY D. KYLE
THE STATE OF TEXAS AUSTIN, TEXAS Clerk
STATE'S THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COMES the State of Texas, Appellee in the above entitled and
numbered cause and files this Motion for Extension of Time to File
Appellee's Brief, and in support thereof would show the Court the following:
I.
Appellant was found guilty of Theft Over $20,000, a Third Degree
felony enhanced as a Habitual Offender, and the Jury assessed punishment
at 25 years confinement in the Texas Department of Criminal Justice on
June 19, 2014. Appellant filed Notice of Appeal on August 20, 2014.
Appellant's brief was filed on April 22, 2015. Appellant’s amended brief was
filed on May 12, 2015. The State's brief is currently due on August 24, 2015.
II.
The State has requested two previous extensions in this case.
III.
The State requests this extension of time due to the following: Counsel
for the State has been preparing for jury trial on a Aggravated Assault with a
Deadly Weapon, enhanced as a Habitual Offender, in State v. James Ray
Parker, Cause Number B-13-0458-SA, which originally began on July 20,
2015, was continued due to unforeseen circumstances on the morning of
trial, and was actually tried from August 17, 2015 to August 20, 2015.
Additionally, Counsel for the State has been involved in prosecution of cases
including contested hearings, pretrial hearings, grand jury presentation,
negotiations with opposing counsel, guilty pleas and other hearings in
numerous additional pending felony cases.
WHEREFORE, The Attorney for the State requests an extension of
time to August 28, 2015, in which to file State's Brief.
Respectfully submitted,
_______________________
John Best
Assistant District Attorney
51st Judicial District
124 W. Beauregard, Suite B
San Angelo, TX 76903
(325) 659-6583
State Bar No. 00796203
SWORN TO AND SUBSCRIBED before me by the said John Best,
this 24th day of August, A. D. 2015.
_______________________
Notary Public
State of Texas
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for
Extension of Time to File Appellee's Brief was this 24th day of August, 2015,
delivered to Randol Stout, at rls2700@gmail.com, Attorney for Appellant,
through e-file.txcourts.gov. .
_______________________
John Best
Mark Anthony Serrano v. State
Combined Opinion