Kayla Jean Lardieri v. State ( 2015 )

ACCEPTED
03-15-00247-CR
6766649
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/2/2015 2:40:31 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00247-CR
KAYLA JEAN LARDIERI § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 9/2/2015
COURT OF PM
2:40:31
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee 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.
Appellant was convicted by a jury of Attempt to Commit Capital Murder,
Aggravated Kidnapping, Aggravated Robbery, and Tampering with Physical
Evidence. Her punishment was assessed by the trial court at 30 years for the
Attempted Capital Murder, Aggravated Kidnapping and Aggravated Robbery
offenses, for which there was a deadly weapon finding. She received 10 years for
the Tampering offense. The sentences were to be served concurrently. Appellant
was also assessed court costs. Appellant’s brief was filed on July 2, 2015. The
State’s brief is currently due on September 2, 2015.
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II.
Chari Kelly – the attorney for the State at trial – is handling the State’s brief
in this case. From August 3rd to August 7th, she was out of the office on vacation.
On August 10th she had to travel to Houston for a deposition in CR2014-149 & -
204. From August 11-16, she prepared for that same trial, though on August 17th it
was reset. She then had jury selection in CR2015-158 on the 17th, and that trial
lasted from August 24-26. On the 31st she attended a funeral in San Antonio, and
today, September 2, 2015, she had grand jury. Additionally, she has had to manage
her regular docket. Because of the foregoing, she has not yet been able to finish
the State’s response, and the State respectfully requests an extension of 30 days to
file the State’s brief in the instant cause. This is the second extension sought by
Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until October 2, 2015, so that an
adequate response may be made to Appellant’s brief. This extension is not
requested for purposes of delay but so that justice may be done.
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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 the State of Texas,
Appellee, hereby certify that a true and correct copy of this State’s Second Motion
to Extend Time to File Brief has been delivered to Appellant KAYLA JEAN
LARDIERI’s attorney in this matter:
Paul A. Finley
pfinley@reaganburrus.com
Reagan Burrus, PLLC
401 Main Plaza, Suite 200
New Braunfels, TX 78130
Counsel for Appellant on Appeal
by electronically sending it to the above-listed email address through
efile.txcourts.gov, this 2nd day of September, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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