Michael John James v. State ( 2015 )

ACCEPTED
03-15-00241-CR
7473894
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/21/2015 12:35:13 PM
JEFFREY D. KYLE
No. 03-15-00241-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
10/21/2015 12:35:13 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
MICHAEL JOHN JAMES § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-907320
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 conviction for Aggravated Assault with a Deadly Weapon, the
appellant filed his notice of appeal in the above cause on April 23, 2015. Appellant’s
counsel filed a brief on September 21, 2015.
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(b) The State’s brief is currently due on October 21, 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 the appellant’s brief was filed, the undersigned
attorney has completed and filed an original brief in two other pending
appellate cases, (i.e. Terrell Maxwell v. State of Texas, No. 03-14-00586-
CR; and Miguel Macias v. State of Texas, No. 14-15-00030-CR). The
undersigned attorney is also responsible for preparing the State’s brief in
another pending appellate case (i.e. Miguel Radilla Esquivel v. State of
Texas, No. 03-14-00544-CR). The undersigned attorney is also responsible
for preparing a response to a pending Petition for Writ of Certiorari in the
United States Supreme Court (i.e. Henry Gonzales, Jr. v. Texas, No. 15-
6453).
2. In addition, the undersigned attorney, as the director of the Appellate
Division of the Travis County District Attorney’s Office, has been required,
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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.
3. This request is not made for the purpose of delay but to ensure the
submission of a brief that fully addresses the issues and assists the Court in
its disposition of this case.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to November 20, 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
346 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 21st day of October, 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, Leonard
Martinez, Attorney at Law, 812 San Antonio Street, Suite 104, Austin, Texas
78701, lmartinezlawoffice2750@gmail.com.
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
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