State v. Abigail Marie Stubbs ( 2015 )

ACCEPTED
14-15-00510-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
10/12/2015 4:22:09 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00510-CR
In the FILED IN
Court of Appeals 14th COURT OF APPEALS
HOUSTON, TEXAS
For the
10/12/2015 4:22:09 PM
Fourteenth District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
♦
No. 1425867
In the 209th District Court
Of Harris County, Texas
♦
STATE OF TEXAS
v.
ABIGAIL MARIE STUBBS
♦
STATE’S THIRD MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLATE BRIEF
♦
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) &
38.6(d), moves for an extension of time within which to file its appellate
brief. In support of its motion, the State submits the following:
1. Appellee was charged with the felony offense of online
impersonation.
2. She filed a pre-trial writ of habeas corpus, challenging the
constitutionality of the statute. The trial court granted her
motion, dismissing the indictment. The State timely filed its
notice of appeal.
3. The State’s brief was due, after two extensions, on October 9, 2015.
The State requests an additional extension of 30 days, until
November 9, 2015.
4. The undersigned attorney has filed four briefs in the last 45 days
and has three more briefs due in the next 30 days. The
undersigned attorney recently spoke at TDCAA’s Annual
Conference on Scotus and CCA Caselaw Update and wrote an
article for The Prosecutor.
5. The undersigned attorney has begun work on this brief and
anticipates having it filed by the requested extension deadline.
6. The State’s motion is not for purposes of delay, but so that justice
may be done.
WHEREFORE, the State prays that this Court will grant the requested
extension until November 9, 2015.
Respectfully submitted,
/s/Jessica Akins
JESSICA AKINS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
State Bar Number: 24029415
akins_jessica@dao.hctx.net
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that on October 9, 2015,
a copy of the foregoing was served upon Appellee’s counsel:
Mark Bennett
Attorney at Law
917 Franklin Street, Fourth Floor
Houston, Texas 77002
mb@ivi3.com
/s/Jessica Akins
Assistant District Attorney
Harris County, Texas
akins_jessica@dao.hctx.net