ACCEPTED 03-15-00301-CR 7353683 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/13/2015 2:42:18 PM JEFFREY D. KYLE CLERK NO. 03-15-000301-CR

COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 10/13/2015 2:42:18 PM JEFFREY D. KYLE Clerk AUSTIN SUPREME JUDICIAL DISTRICT

EX PARTE JOSE C. LOREDO, Appellant

APPEAL FROM COUNTY COURT AT LAW NO. 1 HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. 095790

MOTION FOR LEAVE TO FILE UNTIMELY APPELLEE'S BRIEF

Ralph Guerrero First Assistant 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 Untimely Appellee's Brief, and in support states the following: 1. Appellee's Brief was due on October 12, 2015.

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

3. For the foregoing reason, the undersigned attomey 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,

Ralph Guerrero First Assistant Criminal District Attomey S. Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 Ph: (512) 393-7600 /Fax: (512) 393-2246 State Bar No. 24041021 [email protected] Attomey for the State of Texas CERTIFICATE OF SERVICE

I certifythat on October 13, 2015,1 served the above motion by email to David A. Mendoza at [email protected], in accordance with the Texas Rules of Appellate Procedure.

Ralph Guerrero First Assistant Criminal District Attorney