Mark Anthony Serrano v. State ( 2015 )

ACCEPTED 03-14-00516-CR 6234320 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 1:31:43 PM JEFFREY D. KYLE CLERK NO. 03-14-00516-CR MARK ANTHONY SERRANO IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS V. THIRD COURT7/27/2015 OF APPEALS 1:31:43 PM JEFFREY D. KYLE THE STATE OF TEXAS AUSTIN, TEXAS Clerk STATE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: NOW COMES the State of Texas, Appellee in the above entitled and numbered cause and files this Motion for Extension of Time to File Appellee's Brief, and in support thereof would show the Court the following: I. Appellant was found guilty of Theft Over $20,000, a Third Degree felony enhanced as a Habitual Offender, and the Jury assessed punishment at 25 years confinement in the Texas Department of Criminal Justice on June 19, 2014. Appellant filed Notice of Appeal on August 20, 2014. Appellant's brief was filed on April 22, 2015. Appellant’s amended brief was filed on May 12, 2015. The State's brief is currently due on July 24, 2015. II. The State has requested one previous extension in this case. III. The State requests this extension of time due to the following: Counsel for the State has been preparing for jury trial on a Aggravated Assault with a Deadly Weapon, enhanced as a Habitual Offender, in State v. James Ray Parker, Cause Number B-13-0458-SA, which began on July 20, 2015. Additionally, Counsel for the State has been involved in prosecution of cases including contested hearings, pretrial hearings, grand jury presentation, negotiations with opposing counsel, guilty pleas and other hearings in numerous additional pending felony cases. WHEREFORE, The Attorney for the State requests an extension of time to August 24, 2015, in which to file State's Brief. Respectfully submitted, _______________________ John Best Assistant District Attorney 51st Judicial District 124 W. Beauregard, Suite B San Angelo, TX 76903 (325) 659-6583 State Bar No. 00796203 SWORN TO AND SUBSCRIBED before me by the said John Best, this 27th day of July, A. D. 2015. _______________________ Notary Public State of Texas CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Extension of Time to File Appellee's Brief was this 27th day of July, 2015, delivered to Randol Stout, at rls2700@gmail.com, Attorney for Appellant, through e-file.txcourts.gov. . _______________________ John Best