Terrell Delone Maxwell v. State ( 2015 )

ACCEPTED
03-14-00586-CR
6291719
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/30/2015 12:38:08 PM
JEFFREY D. KYLE
No. 03-14-00586-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
7/30/2015 12:38:08 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
TERRELL MAXWELL § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-08-300490
STATE'S THIRD 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 Capital Murder, the appellant filed his notice of
appeal in the above cause on September 11, 2014. Appellant’s counsel filed a brief on April
30, 2015.
1
(b) The State’s brief is currently due on July 31, 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: two.
(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,
(i.e. Antonio Perez Lopez v. State of Texas, No. 03-14-00452-CR; Charles
Anthony Malouff, Jr. v. State of Texas, No. 03-13-00723-CR; and Eric
Robertson v. State of Texas, No. 07-15-00030-CR). The undersigned attorneyhas
also completed and filed a motion for rehearing in another pendingappellate 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 attorneyis also responsible
for preparing the State’s brief in four other pending appellate cases (i.e.
Christopher Roberts v. State of Texas, No. 03-14-00637-CR; Graham Jay
Sonnenberg v. State of Texas, No. 03-14-00530-CR; Miguel Macias v. State of
Texas, No. 14-15-00030-CR; and Miguel Radilla Esquivel v. State of Texas, No.
2
03-14-00544-CR).
2. On May 19, 2015, the undersigned attorney filed a motion to dismiss the instant
appeal for want of jurisdiction. This Court has not yet ruled on that motion.
3. 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.
4. 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 31, 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
3
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 406 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 30th 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, Jon Evans, Attorney at Law, 806
West 11th Street, Austin, Texas 78701, [jontevans@aol.com]
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
4