ACCEPTED 03-16-00029-cr 14549770 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/4/2017 10:54:06 AM JEFFREY D. KYLE NO. 03-16-00029-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 1/4/2017 10:54:06 AM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk AUSTIN, TEXAS CURTIS JOE TOLIVER § APPELLANT VS. § STATE OF TEXAS § APPELLEE APPEAL FROM THE 390TH JUDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS CAUSE NO. D-1-DC-09-300664 STATE'S THIRD 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) The State’s brief is currently due on January 4, 2017.

b) This request is that the deadline for filing the State’s brief be extended by 30 days.

c) The number of previous extensions of time granted for submission of the State’s brief is: two.

d) This request is not made for the purpose of delay but rather to obtain a ruling on the State’s Motion to Dismiss for lack of jurisdiction, which was filed on November 29, 2016.

WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to February 3, 2017.

Respectfully submitted, MARGARET MOORE 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. 854-4206 [email protected] [email protected]

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 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.

___________________________ Angie Creasy Assistant District Attorney CERTIFICATE OF SERVICE I hereby certify that, on the 4th day of January, 2017, 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, Drew Phipps, Attorney at Law, 7421 Burnet Road #288, Austin, Texas 78757, [email protected].

________________________________ Angie Creasy Assistant District Attorney