Howard Thomas Douglas v. State ( 2015 )

ACCEPTED
03-14-00605-CR
6662530
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/26/2015 1:59:01 PM
JEFFREY D. KYLE
NO. 03-14-00605-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
8/26/2015 1:59:01 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
HOWARD THOMAS DOUGLAS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-900059
STATE'S FOURTH 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 Securing Execution of a Document by
Deception, the appellant filed his notice of appeal in the above cause on September
17, 2014. Appellant filed a brief on April 24, 2015.
(b) The State’s brief is currently due on August 26, 2015.
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(c) This request is that the deadline for filing the State’s brief be extended
by 7 days.
(d) The number of previous extensions of time granted for submission of
the State’s brief is: three.
(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 death penalty appellate case, (i.e. Brandon
Daniel v. State of Texas, CCA No. AP-77,034). The undersigned
attorney is also responsible for preparing the State’s brief in two
other pending appellate cases (i.e. Thomas Joseph Krausz v. State
of Texas, No. 03-15-00110-CR; and DeAndrre Dwight Joseph aka
DeAndre Dwight Parks, No. 03-15-00209-CR).
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 September 2, 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
268 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 26th day of August, 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,
Craig M. Price, Hammerle Finley Law Firm, 2871 Lake Vista Drive, Suite 150,
Lewisville, Texas 75067, [cmp@hammerle.com].
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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