Robert Lee Martin v. State ( 2014 )

ACCEPTED
03-14-00499-CV
3623361
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2014 8:06:29 AM
JEFFREY D. KYLE
No. 03-14-00499-CV CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
12/31/2014 8:06:29 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
ROBERT LEE MARTIN § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. 95-5530
STATE'S SECOND 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) The appellant was convicted of Aggravated Sexual Assault and was
sentenced to life in the Texas Department of Criminal Justice Institutional Division.
The appellant filed a motion for appointment of counsel pursuant to Chapter 64 of the
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Texas Code of Criminal Procedure. This motion was denied by the Trial Court on July
18, 2014. The appellant filed his notice of appeal in the above cause on August 15,
2014. Appellant submitted a pro se brief that was marked filed by this Court on
October 30, 2014.
(b) The State’s brief is currently due on December 31, 2014.
(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: one.
(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
appellate case, (i.e., Eduardo Mora-Hernandez v. State of Texas, No. 03-13-
00548-CR). The undersigned attorney has also filed a response to a pending
Petition for Writ of Mandmaus, (i.e., In re Jose L. Aguirre, No. 03-14-
00582-CV). The undersigned attorney is responsible for preparing the State’s
brief in three other pending appellate cases (i.e., Samuel Adkins v. State of
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Texas, No. 03-14-00285-CR; Terry Atkins v. State of Texas, No. 03-13-
00509-CR; and In the Matter of R.J., No. 03-14-00389-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.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to January 30, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
State Bar No. 00789128
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4206
Kathryn.Scales@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
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CERTIFICATE OF INABILITY TO CONFER WITH PRO SE APPELLANT
I hereby certify, based on information and belief, that the appellant, whose
brief was filed pro se, is currently in custody at the Clements Unit of the Texas
Department of Criminal Justice Institutional Division and is unavailable to confer
by telephone with undersigned counsel about whether the appellant opposes the
instant motion for an extension of the deadline for filing the State’s brief.
Further, even though this appeal has been assigned a cause number ending in
“-CV” rather than “-CR,” the appellant’s claim is inherently criminal, not civil, in
nature. A certificate of conference is not generally required to be included in a
motion to extend the deadline for filing the appellee’s brief in a criminal case.
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
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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
345 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/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 31st day of December, 2014, 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, Robert Lee
Martin, TDCJ #1050629, Clements Unit, 9601 Spur 591, Amarillo, Texas 79107-
9606.
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
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