Derek James Strimban v. State ( 2015 )

ACCEPTED
14-15-00251-cr
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
11/16/2015 4:31:05 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00251-CR
In the FILED IN
14th COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
for the 11/16/2015 4:31:05 PM
Fourteenth District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston

No. 1962516
In the County Criminal Court at Law No. 9
Of Harris County, Texas

DEREK JAMES STRIMBAN
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S THIRD MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE AN APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, in accordance with Rules
10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this
motion for an extension of time in which to file the State’s Brief in this cause, and,
in support thereof, presents the following:
1. On December 15, 2014, appellant pled guilty to a misdemeanor charge of
driving while intoxicated and was sentenced to 180 days in county jail,
probated for a period of one year.
2. Appellant filed a timely written notice of appeal.
3. The State’s Brief is due on November 16, 2015.
4. On November 12, 2015, the State filed a motion to dismiss the appeal due to
lack of jurisdiction.
5. An extension of time in which to file the State’s Brief is requested during the
pendency of the resolution of the State’s motion to dismiss the appeal. In
the event that this Court denies the State’s motion to dismiss the appeal, the
State requests an additional fifteen (15) days from the date of the denial of
the motion in which to file the State’s Brief.
WHEREFORE, the State prays that this Court will grant an additional
extension of time during the pendency of the resolution of the State’s motion to
dismiss the appeal.
Respectfully submitted,
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
hudson_heather@dao.hctx.net
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been submitted
for service by e-filing to the following address:
Matthew J. DeLuca
712 Main St., Suite 2450
Houston, Texas 77002
Tel: (713) 429-4400
Fax: (713) 228-2366
mattdeluca@gmail.com
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
Date: November 16, 2015