State v. Dennis Davis

ACCEPTED
03-15-00620-CR
12675094
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/13/2016 3:00:23 PM
JEFFREY D. KYLE
NO. 03-15-00620-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
9/13/2016 3:00:23 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
STATE OF TEXAS § APPELLANT
VS. §
DENNIS DAVIS § APPELLEE
APPEAL FROM THE 167TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-09-900185
STATE'S FIRST MOTION FOR EXTENSION OF TIME TO FILE A
REPLY BRIEF
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) The Trial Court filed an Order dismissing the indictment in this case on
September 9, 2015. The State of Texas filed a notice of appeal in the above cause on
October 1, 2015. The clerk’s record was filed on October 12, 2015. The reporter’s
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record was filed on November 10, 2015. The State’s brief was filed on February 8,
2016. The Appellee’s brief was marked filed by this Court on August 24, 2016.
(b) The State’s reply brief is currently due on September 13, 2016.
(c) This request is that the deadline for filing the State’s reply brief be
extended by 30 days.
(d) The number of previous extensions of time granted for submission of the
State’s reply 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 is no longer assigned to the Appellate Division of the Travis
County District Attorney’s Office. She moved to a position in the Grand Jury
Division in January of 2016 and is tasked with a full complement of new
responsibilities in her current position. Any further work on in the instant
case by the undersigned will have to be added to her ongoing responsibilities.
Given this circumstance, the undersigned respectfully requests that the Court
grant her additional time to complete her assessment of whether a reply brief
would be helpful to the Court in the instant case and, in the event that said
assessment is answered in the affirmative, to then generate said brief.
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2. This request is not made for the purpose of delay, but to ensure that the Court
has a proper State’s reply brief to aid in the just disposition of the above
cause.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s reply brief be extended to October 13, 2016.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
State Bar No. 00789128
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. (512) 854-4811
Kathryn.Scales@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
354 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/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 13th day of September, 2016, 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 Appellee’s attorney,
Linda Icenhauer-Ramirez, Attorney at Law, 1103 Nueces, Austin, Texas 78701,
ljir@aol.com.
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
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