Shane Eric Fuller v. State ( 2016 )

ACCEPTED
03-15-00532-CR
13128139
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/7/2016 2:14:49 PM
JEFFREY D. KYLE
NOS. 03-15-00532-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
10/7/2016 2:14:49 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
SHANE ERIC FULLER § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-15-904040
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 Assault Family Violence – Enhanced, the
appellant filed his notice of appeal in the above cause on August 20, 2015. Appellant’s
counsel filed a brief on September 7, 2016.
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(c) The State’s brief is currently due on October 7, 2016.
(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 this brief was filed, the attorney assigned to this case
has completed and filed the State’s brief in another pending appellate case
(i.e. Cyd Lavan Alexander v. State of Texas, No. 03-16-00074-CR and 03-
16-00075-CR). The undersigned attorney has also been assigned to prepare a
response for another pending appellate case, (i.e. Douglas Scott Hoopes v.
State of Texas, No. 03-16-00258-CR).
2. In addition, the undersigned attorney is a part-time attorney and has not had
sufficient time to prepare an adequate responsive brief.
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.
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WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to November 7, 2016.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Nancy L. Nicolas
Nancy L. Nicolas
Assistant District Attorney
State Bar No. 24057883
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4811
Nancy.Nicolas@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
279 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/ Nancy L. Nicolas
Nancy L. Nicolas
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 7th day of October, 2016, 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, John S. Butler,
Attorney at Law, 700 Lavaca Street, Suite 1400, Austin, Texas 78701,
butler@lawyer.com.
/s/ Nancy L. Nicolas
Nancy L. Nicolas
Assistant District Attorney
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