ACCEPTED 03-14-00595-CR 4634374 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/25/2015 11:14:14 AM JEFFREY D. KYLE CLERK NO. 03-14-00595-CR

COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE AUSTIN, TEXAS AUSTIN SUPREME JUDICIAL DISTRICT 3/25/2015 11:14:14 AM JEFFREY D. KYLE Clerk ANDREW ELON GARRAWAY, Appellant VS.

THE STATE OF TEXAS, Appellee

APPEAL FROM THE 22ND JUDICIAL DISTRICT COURT HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. CR-11-0925

MOTION FOR LEAVE TO FILE UNTIMELY STATE'S BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

State files this Motion for Leave to File an Untimely Brief, and in support states: 1. The State's Brief was due on March 19, 2015.

2. The time to file the State's brief has expired. The undersigned attorney was preparing for jury trial and due to a heavy case load, the brief has taken longer than expected to finalize.

3. This Motion is not sought for delay but so that justice may be done.

4. For the foregoing reasons, the State seeks leave to file this brief late pursuant to Texas Rules of Appellate Procedure, Rule 38.6.

Respectfully submitted.

Ben Moore Assistant Criminal District Attorney Hays County, Texas Hays County Government Center South Stagecoach Trail, Ste. 2057 San Marcos, Texas 78666 [email protected] (512)393-7600 (512) 393-2246 fax State Bar No. 24042522 Counsel for State CERTIFICATE

The foregoing Appellee Motion for Leave to File Untimely State's Briefwas subscribed and sworn to before me by Ben Moore onthis the 25^ day of March, 2015.

Ben Moore

RHONDA WIEDERSTEIN MY COMMISSION EXPIRES September 9,2018

Notary Public in and for the State of Texas

CERTIFICATE OF SERVICE

I certify that on March 25, 2015 I served the above motion by email to Ellic Sahualla at [email protected].

Ben Moore