Christopher Brian Roberts v. State ( 2015 )

ACCEPTED
03-14-00637-CR
6215773
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/24/2015 2:08:16 PM
JEFFREY D. KYLE
No. 03-14-00637-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
7/24/2015 2:08:16 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
CHRISTOPHER ROBERTS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 403RD JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-302227
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 Murder, the appellant filed his notice of appeal in
the above cause on September 29, 2014. Appellant’s counsel filed a brief on April 23,
2015.
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(b) The State’s brief is currently due on July 27, 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
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 four other pending
appellate cases (i.e. Terrell Maxwell v. State of Texas, No. 03-14-00586-CR;
Graham Jay Sonnenberg v. State of Texas, No. 03-14-00530-CR; Miguel
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Macias v. State of Texas, No. 14-15-00030-CR; and Miguel Radilla Esquivel
v. State of Texas, No. 03-14-00544-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
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 26, 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
376 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 24th 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, Kristen Jernigan, Attorney at
Law, 207 S. Austin Avenue, Georgetown, Texas 78626, [Kristen@txcrimapp.com].
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
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