ACCEPTED 03-15-00116-CR 6932118 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/15/2015 1:44:11 PM JEFFREY D. KYLE CLERK NO. 03-15-00116-CR

COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 9/15/2015 1:44:11 PM JEFFREY D. KYLE Clerk AUSTIN SUPREME JUDICIAL DISTRICT

CHRISTOPHER QUINN RIVERA, Appellant VS.

THE STATE OF TEXAS, Appellee

APPEAL FROM THE 428TH JUDICIAL DISTRICT COURT HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. CR-14-0448

MOTION FOR LEAVE TO FILE UNTIMELY APPELLEE'S BRIEF

John Coucli Asst. Criminal District Attorney S. Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 Ph; (512) 393-7600 / Fax; (512) 393-2246 State Bar No. 24048407 [email protected] Attorney for the State of Texas TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: Now comes Appellee, the State of Texas, and files this Motion for Leave to File an UntimelyAppellee's Brief, and in support states the following: 1. Appellee's Brief was due on September 8,2015.

2. This Motion is not sought for delay, but so justice may be served.

3. For the foregoing reason, the undersigned attorney hereby requests leave to untimely file this Appellee's Briefpursuant to Texas Rules of Appellate Procedure, Rule 38.6, which provides modifications of filing time.

Respectfully submitted.

JohH Couch Asst. Criminal District Attorney S. Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 Ph: (512) 393-7600 / Fax; (512) 393-2246 State Bar No. 24048407 [email protected] Attorney for the State of Texas >' '

CERTIFICATE OF SERVICE

I certify that on /S , 2015, I served the above motion by email to Rickey D. Jones at [email protected], in accordance with the Texas Rules of Appellate Procedure.

On this the 15th day of September, 2015 .

John Couch Asst. Criminal District Attorney