ACCEPTED
03-15-00553-CR
7306806
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/9/2015 10:59:48 AM
JEFFREY D. KYLE
No. 03-15-00553-CR CLERK
In the Third Court of Appeals FILED IN
3rd COURT OF APPEALS
Austin, Texas AUSTIN, TEXAS
10/9/2015 10:59:48 AM
JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS,
Appellant,
v.
PHILIP DUBORD,
Appellee.
On appeal from the County Court-at-Law Number Three,
Travis County, Texas
Trial Cause No. C-1-CR-12-204755
STATE’S MOTION TO EXTEND TIME FOR FILING ITS BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
On September 24th, the State moved to abate the appeal for further
trial-court findings. This motion is still pending before the Court.
The Court’s website shows that the State’s brief is due on October
13th. Without supplemental findings, the State is unable to brief whether a
reasonable suspicion of criminal activity supported the initial detention in
this DWI case.
PRAYER
The State asks the Court to extend the time for filing its brief to 30
days from the date that the trial-court clerk files a supplemental record
containing the necessary findings with the Third Court Clerk.
Respectfully submitted,
DAVID A. ESCAMILLA
TRAVIS COUNTY ATTORNEY
Giselle Horton
Assistant Travis County Attorney
State Bar Number 10018000
Post Office Box 1748
Austin, Texas 78767
Telephone: (512)854-9415
TCAppellate@traviscountytx.gov
ATTORNEYS FOR THE STATE OF TEXAS
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CERTIFICATE OF COMPLIANCE
Relying on Corel WordPerfect’s word-count function, I certify that
this motion complies with the word-count limitations of Tex. R. App. P.
9.4, and contains in its entirety 263 words.
Giselle Horton
CERTIFICATE OF SERVICE
I certify that I have sent a complete and legible copy of this motion
via electronic transmission, to Mr. Dubord’s attorney of record, Mr. Wayne
Meissner, at wmeissner@fitzgeraldmeissner.com, on October 9, 2015.
Giselle Horton
Assistant Travis County Attorney
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