Frederick Manuel v. State ( 2015 )

ACCEPTED
01-14-00107-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/10/2015 1:25:40 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00107-CR
IN THE
FILED IN
1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
6/10/2015 1:25:40 PM
FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE
Clerk
HOUSTON, TEXAS
FREDERICK MANUEL § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-904096
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 conviction for Murder, the appellant filed his notice of
appeal in the above cause on December 9, 2013. Appellant’s counsel filed a brief on
May 13, 2015.
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(c) The State’s brief is currently due on June 12, 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. The undersigned attorney is responsible for preparing the State’s brief in two
other pending appellate cases, (i.e., Martin Lopez Montejo v. State of Texas,
No. 03-14-00193-CR; and John Joseph Vasquez v. State of Texas, No. 03-
15-00067-CR and 03-15-00089-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 July 13, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Matthew Foye
Matthew Foye
Assistant District Attorney
State Bar No. 24043661
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Matthew.Foye@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
228 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/ Matthew Foye
Matthew Foye
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, Ken Mahaffey,
Attorney at Law, P.O. Box 684585, Austin, Texas 78768,
[Ken_Mahaffey@yahoo.com].
/s/ Matthew Foye
Matthew Foye
Assistant District Attorney
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