Shriya Biman Patel v. State ( 2015 )

ACCEPTED
03-14-00238-CR
4078277
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/9/2015 3:52:56 PM
JEFFREY D. KYLE
No. 03-14-00238-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
2/9/2015 3:52:56 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
SHRIYA BIMAN PATEL § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-900230
STATE'S SECOND 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 her conviction for Arson, the appellant filed her notice of appeal
in the above cause on March 25, 2014. Appellant’s counsel filed a brief on December
10, 2014.
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(b) The State’s brief is currently due on February 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: one.
(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 another pending
appellate case, (i.e., Jose Luis Sosa v. State of Texas, No. 03-13-00764-CR).
The undersigned attorney is responsible for preparing the State’s brief in two
other pending appellate cases, (i.e., Charles Anthony Malouff, Jr. v. State of
Texas, No. 03-13-00723-CR; and Jeron Deangelo Neal v. State of Texas, No.
03-14-00155-CR).
2. In addition, the undersigned attorney, as the director of the Appellate
Division of the Travis County District Attorney’s Office, has been required,
during the pendency of the instant appeal, to spend a considerable amount of
time working on a variety of other legal matters and administrative issues.
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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 March 11, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
State Bar No. 00785584
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. (512) 854-4810
Scott.Taliaferro@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
309 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/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 9th day of February, 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, Ken Mahaffey,
Attorney at Law, P.O. Box 684585, Austin, Texas 78768.
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
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