ACCEPTED

03-15-00532-CR

13128139

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/7/2016 2:14:49 PM

JEFFREY D. KYLE

NOS. 03-15-00532-CR CLERK

IN THE

FILED IN

3rd COURT OF APPEALS

COURT OF APPEALS AUSTIN, TEXAS

10/7/2016 2:14:49 PM

THIRD DISTRICT OF TEXAS JEFFREY D. KYLE

Clerk

AUSTIN, TEXAS SHANE ERIC FULLER § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-15-904040

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) Following his conviction for Assault Family Violence – Enhanced, the appellant filed his notice of appeal in the above cause on August 20, 2015. Appellant’s counsel filed a brief on September 7, 2016.

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(c) The State’s brief is currently due on October 7, 2016.

(c) This request is that the deadline for filing the State’s brief be extended by 30 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 completed and filed the State’s brief in another pending appellate case

(i.e. Cyd Lavan Alexander v. State of Texas, No. 03-16-00074-CR and 03-

16-00075-CR). The undersigned attorney has also been assigned to prepare a

response for another pending appellate case, (i.e. Douglas Scott Hoopes v.

State of Texas, No. 03-16-00258-CR).

2. In addition, the undersigned attorney is a part-time attorney and has not had

sufficient time to prepare an adequate responsive brief.

3. 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.

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WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to November 7, 2016.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Nancy L. Nicolas

Nancy L. Nicolas

Assistant District Attorney

State Bar No. 24057883

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4811

[email protected]

[email protected]

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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 279 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.

/s/ Nancy L. Nicolas

Nancy L. Nicolas

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 7th day of October, 2016, 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, John S. Butler, Attorney at Law, 700 Lavaca Street, Suite 1400, Austin, Texas 78701, [email protected].

/s/ Nancy L. Nicolas

Nancy L. Nicolas

Assistant District Attorney

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