Graham Jay Sonnenberg v. State ( 2015 )

ACCEPTED
03-14-00530-CR
5997211
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/9/2015 12:24:08 PM
JEFFREY D. KYLE
No. 03-14-00530-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
7/9/2015 12:24:08 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
GRAHAM JAY SONNENBERG § APPELLANT
VS. §
STATE OF TEXAS § APPELLEE
APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-14-904026
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 his convictions for Aggravated Assault Bodily Injury with a Deadly
Weapon and Assault Strangulation, the appellant filed his notice of appeal in the above
cause on August 15, 2014. Appellant’s counsel filed a brief on May 11, 2015.
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(b) The State’s brief is currently due on July 10, 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. Eric Robertson v. State of Texas, No. 07-15-00030-CR). The
undersigned attorney has also completed and filed a motion for rehearing in
another pending appellate case, (i.e. Gerald Christopher Zuliani v. State of
Texas, No. 03-13-00490-CR to 03-13-00493-CR and 03-13-00495-CR). The
undersigned attorney is also responsible for preparing the State’s brief in two
other pending appellate cases (i.e. Christopher Roberts v. State of Texas, No.
03-14-00637-CR; and Terrell Maxwell v. State of Texas, No. 03-14-00586-
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
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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 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 August 10, 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
347 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 10th day of July, 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, Don Morehart, Attorney at
Law, 316 W. 12th Street, Suite 313, Austin, Texas 78701, [Don@MorehartLaw.com].
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
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