ACCEPTED 03-15-00095-CR 7226274 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/5/2015 12:08:27 PM JEFFREY D. KYLE No. 03-15-00095-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 10/5/2015 12:08:27 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk AUSTIN, TEXAS JUAN LEAL § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS CAUSE NO. D1-DC-13-300082 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) Appellant was placed on deferred adjudication probation for Assault Family Violence. On January 20, 2015, the trial court revoked the appellant’s probation. The

appellant filed his notice of appeal in the above cause on February 6, 2015.

Appellant’s counsel filed a brief on September 4, 2015.

(b) The State’s brief is currently due on October 5, 2015.

(c) This request is that the deadline for filing the State’s brief be extended by 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.

WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to November 4, 2015.

Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas

___________________________ Angie Creasy Assistant District Attorney State Bar No. 24043613 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 [email protected] [email protected]

CERTIFICATE OF COMPLIANCE AND SERVICE I hereby certify that this motion contains 243 words, based upon the computer program used to generate this motion and excluding words contained in those parts of the motion that Texas Rule of Appellate Procedure 9.4(i) exempts from inclusion in the word count, and that this motion is printed in a conventional, 14-point typeface.

I further certify that, on the 5th day of October, 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, Paul M. Evans, Attorney at Law, 811 Nueces Street, Austin, Texas 78701, [email protected].

___________________________ Angie Creasy Assistant District Attorney