ACCEPTED
03-14-00723-CR
6845552
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/9/2015 1:00:22 PM
JEFFREY D. KYLE
NO. 03-14-00722-CR; 03-14-00723-CR; 03-14-00724-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
9/9/2015 1:00:22 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
MARK FRUGE § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-200256, D1-DC-13-200257, AND D1-DC-13-200259
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 convictions for Aggravated Assault with a Deadly Weapon;
Aggravated Assault Against a Public Servant; and Aggravated Robbery with a Deadly
1
Weapon, the appellant filed his notice of appeal in the above causes on November 3,
2014. Appellant’s counsel filed a brief on August 10, 2015.
(c) The State’s brief is currently due on September 9, 2015.
(c) This request is that the deadline for filing the State’s brief be extended by
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. During the period since this brief was filed, the attorney assigned to this case
has been working on other pressing appellate matters and has not had
sufficient time to prepare an adequate response to this brief.
2. 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.
2
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to October 9, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Matthew Foye
Matthew Foye
Assistant District Attorney
State Bar No. 24043661
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Matthew.Foye@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
3
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
244 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/ Matthew Foye
Matthew Foye
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 9th day of September, 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,
Ariel Payan, Attorney at Law, 1012 Rio Grande, Austin, Texas 78701,
arielpayan@hotmail.com .
/s/ Matthew Foye
Matthew Foye
Assistant District Attorney
4