Graham Jay Sonnenberg v. State ( 2015 )

ACCEPTED
03-14-00530-CR
5619398
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/10/2015 12:41:06 PM
JEFFREY D. KYLE
No. 03-14-00530-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
6/10/2015 12:41:06 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
GRAHAM JAY SONNENBERG § APPELLANT
VS. §
STATE OF TEXAS § APPELLEE
APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-14-904026
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 convictions for Aggravated Assault Bodily Injury with a
Deadly Weapon and Assault Strangulation, the appellant filed his notice of appeal in
1
the above cause on August 15, 2014. Appellant’s counsel filed a brief on May 11,
2015.
(b) The State’s brief is currently due on June 10, 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: 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. 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.
2
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to July 10, 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
284 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 10th day of June, 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, Don Morehart,
Attorney at Law, 316 W. 12th Street, Suite 313, Austin, Texas 78701,
[Don@MorehartLaw.com].
/s/ M. Scott Taliaferro
M. Scott Taliaferro
Assistant District Attorney
4