Kaitlyn Lucretia Ritcherson v. State ( 2015 )

ACCEPTED
03-13-00804-CR
4204646
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 9:03:02 AM
JEFFREY D. KYLE
No. 03-13-00804-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
2/19/2015 9:03:02 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
KAITLYN RITCHERSON § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-11-302663
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 her conviction for Murder, the appellant filed her notice of appeal
in the above cause on February 10, 2014. Appellant’s counsel filed a brief on January
20, 2015.
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(b) The State’s brief is currently due on February 19, 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 three other pending
appellate cases, including two accelerated parental termination appeals, (i.e.,
Juan Francisco Rodriguez-Linares v. State of Texas, No. 03-14-00324-CR;
In re A.V. and G.G., No. 03-15-00030-CV; and L.W. v. Texas Department of
Family and Protective Services, No. 03-14-00680-CV). The undersigned
attorney is responsible for preparing the State’s brief in another pending
appellate case (i.e., Robert Torres v. State of Texas, No. 03-14-00541-CR).
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.
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WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to March 23, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
___________________________
Angie Creasy
Assistant District Attorney
State Bar No. 24043613
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Angie.Creasy@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
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CERTIFICATE OF COMPLIANCE AND SERVICE
I hereby certify that this motion contains 389 words, based upon the
computer program used to generate this motion and excluding words contained in
those parts of the motion that Texas Rule of Appellate Procedure 9.4(i) exempts
from inclusion in the word count, and that this motion is printed in a conventional,
14-point typeface.
I further certify that, on the 19th 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,
Alexander L. Calhoun, Law Office of Alexander L. Calhoun, 4301 W. William
Cannon Dr., Suite B-150, #260, Austin, Texas 78749.
___________________________
Angie Creasy
Assistant District Attorney
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