DeAndre Dwight Joseph A/K/A Joseph DeAndre A/K/A DeAndre Dwight Parks A/K/A/ DeAndre Parks A/K/A DeAndre Joseph A/K/A DeAndra Dwight Joseph v. State ( 2015 )

ACCEPTED
03-15-00209-CR
6554925
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/19/2015 9:11:35 AM
JEFFREY D. KYLE
NO. 03-15-00209-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
8/19/2015 9:11:35 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
DEANDREE DWIGHT JOSEPH
§ APPELLANT
aka DEANDRE DWIGHT PARKS
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 403RD JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-15-904009
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 Aggravated Assault with a Deadly Weapon
and Attempted Arson, the appellant filed his notice of appeal in the above cause on
April 7, 2015. Appellant filed a brief on July 20, 2015.
(b) The State’s brief is currently due on August 19, 2015.
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(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. During the period since this brief was filed, the attorney assigned
to this case has been working on other pressing appellate matters
and has not had sufficient time to prepare an adequate response to
this brief.
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 September 18, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Lisa.Stewart@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
233 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/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 19th day of August, 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,
Randy Schaffer, Attorney at Law, 1301 McKinney, Suite 3100, Houston, Texas
77010, noguilt@swbell.net.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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