State v. Frances Anita Robinson ( 2015 )

ACCEPTED
03-15-00153-CR
6571463
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/19/2015 5:05:15 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00153-CR
THE STATE OF TEXAS § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
v. § DISTRICT 8/19/2015
COURT5:05:15
OF PM
JEFFREY D. KYLE
FRANCES ANITA ROBINSON § APPEALS OF TEXAS Clerk
STATE’S THIRD MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellant in the above styled and numbered
cause, and moves for an extension of time of 30 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellee was indicted by a grand jury on June 5, 2013 for the charge of
Intoxication Manslaughter in CR2013-267. After Appellee’s motion to suppress
evidence was granted by the trial court on February 18, 2015, the State timely
appealed pursuant to article 44.01 of the Code of Criminal Procedure, and a stay
was granted by the Court of Appeals on March 20, 2015. The State timely filed its
request for findings of fact and conclusions of law with the trial court on March 10,
2015. See Tex. R. Civ. P. 296. Out of an abundance of caution, the State timely
filed its notice of past due findings of fact and conclusions of law on April 9, 2015,
along with the State’s proposed findings for the trial court. See Tex. R. Civ. P. 297.
After the Court abated and remanded the case for entry of the trial court’s findings,
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the case was reinstated in the Court on July 20, 2015. The State’s brief is currently
due on August 19, 2015.
II.
Assistant District Attorney Daniel Palmitier is handling the appeal for the
State in this case. At the end of July, Mr. Palmitier had a trial involving attempted
capital murder of a peace officer in CR2014-551. This is the third extension sought
by Appellee. He prepared for trial the next week in CR2013-569, though that case
was reset. Mr. Palmitier then handled CR2014-281, in which the defendant
eventually pled guilty to the offense of Driving While Intoxicated – 3rd or More.
This past week, he prepared for a jury trial in CR2014-149 and CR2014-204, cases
involving burglary of a habitation and various thefts. Those cases were also reset.
In addition, Mr. Palmitier has been working on the State’s brief in cause number
03-14-00270-CV, which is currently due on September 7, 2015. In light of the
foregoing, Mr. Palmitier has not yet had the opportunity to complete the State’s
brief in the instant cause, and the State respectfully requests an extension of 30
days to file its brief. This is the third extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until September 18, 2015, so that
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Appellant’s brief will fully, adequately and accurately present its case to the
Honorable Court of Appeals. This extension is not requested for purposes of delay
but so that justice may be done.
Respectfully submitted,
/s/ Joshua D. Presley
Joshua D. Presley SBN: 24088254
preslj@co.comal.tx.us
Comal Criminal District Attorney’s Office
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Ph: (830) 221-1300 / Fax: (830) 608-2008
CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of
Texas, hereby certify that a true and correct copy of the above and foregoing
State’s Third Motion to Extend Time to File Brief was sent to Defendant/Appellee
FRANCES ANITA ROBINSON’s attorney of record in this matter:
Mr. Charles Sullivan
csullivan@lawcsullivan.com
308 Campbell Dr.
Canyon Lake, TX 78133
Fax: 210-579-6448
Attorney for Appellee on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov
on this the 19th day of August, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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