Armando Ochoa v. State ( 2015 )

ACCEPTED
03-14-00740-CR
5618579
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/10/2015 12:06:02 PM
JEFFREY D. KYLE
NO. 03-14-00740-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
6/10/2015 12:06:02 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
ARMANDO OCHOA § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-14-202835
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 Assault Family Violence, the appellant filed
his notice of appeal in the above cause on November 7, 2014. Appellant’s counsel
filed a brief on May 12, 2015.
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(c) The State’s brief is currently due on June 11, 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 attorney assigned to this case is a part-time attorney and has not had
sufficient time to prepare an adequate responsive brief.
2. 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., Joe Derek Carr v. State of Texas, No. 03-14-00234-CR
and 03-14-00235-CR). The undersigned attorney is also responsible for
preparing the State’s brief in another pending appellate case (i.e. In the
Matter of A.C., No. 03-14-00804-CV).
3. 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/ Rosa Theofanis
Rosa Theofanis
Assistant District Attorney
State Bar No. 24037591
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Rosa.Theofanis@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
275 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/ Rosa Theofanis
Rosa Theofanis
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, Alexander L.
Calhoun, Attorney at Law, 4301 W. William Cannon Drive, Suite B-150, #260,
Austin, Texas 78749, [alcalhoun@earthlink.net].
/s/ Rosa Theofanis
Rosa Theofanis
Assistant District Attorney
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