ACCEPTED
03-15-00209-CR
7882131
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/18/2015 11:17:31 AM
JEFFREY D. KYLE
NO. 03-15-00209-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
11/18/2015 11:17:31 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
DEANDREE DWIGHT JOSEPH
§ APPELLANT
aka DEANDRE DWIGHT PARKS
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 403RD JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-15-904009
STATE'S FOURTH 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 conviction for Aggravated Assault with a Deadly Weapon
and Attempted Arson, the appellant filed his notice of appeal in the above cause on
April 7, 2015. Appellant filed a brief on July 20, 2015.
(b) The State’s brief is currently due on November 18, 2015.
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(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: three.
(e) The State relies upon the following facts to reasonably explain the
need for an extension of the deadline:
1. During the period since the appellant’s brief was filed, the
undersigned attorney has completed and filed an original brief in
two other pending appellate cases, (i.e. Howard Thomas Douglas
v. State of Texas, No. 03-14-00605-CR; and Thomas Joseph
Krausz v. State of Texas, No. 03-15-00110-CR). The undersigned
attorney is also responsible for preparing the State’s brief in
another pending appellate case (i.e. Linda Woodman v. State of
Texas, No. 14-15-00032-CR and 14-15-00033-CR).
2. The undersigned attorney’s mother had a heart attack on
November 11, 2015, and was scheduled for bypass surgery on
Monday, November 16, 2015. The undersigned attorney traveled
to San Antonio, Texas to be with her mother during her surgery
and recovery.
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3. 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.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to December 18, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Lisa.Stewart@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
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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
311 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/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 18th day of November, 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,
Randy Schaffer, Attorney at Law, 1301 McKinney, Suite 3100, Houston, Texas
77010, noguilt@swbell.net.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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