Thomas Krausz v. State ( 2015 )

ACCEPTED
03-15-00110-CR
6229707
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/27/2015 10:55:07 AM
JEFFREY D. KYLE
NO. 03-15-00110-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
7/27/2015 10:55:07 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
THOMAS KRAUSZ § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-302230
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 Possession Prohibited Weapon, the
appellant filed his notice of appeal in the above cause on February 9, 2015.
Appellant filed a brief on June 29, 2015.
(b) The State’s brief is currently due on July 29, 2015.
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(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 been working on other pressing appellate matters
and has not had sufficient time to prepare an adequate response to
this brief.
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 August 28, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Lisa.Stewart@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
227 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/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 27th 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, Cherie A.
Ballard, Ballard & Mullowney, P.C., 900 RR 620 S, Suite C101-205, Austin,
Texas 78734, cherieballard@austin.rr.com.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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