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NOS. 03-15-00532-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

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.

ACCEPTED

03-15-00532-CR

13128139

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/7/2016 2:14:49 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/7/2016 2:14:49 PM JEFFREY D. KYLE Clerk
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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

Nancy.Nicolas@traviscountytx.gov

AppellateTCDA@traviscountytx.gov
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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,

butler@lawyer.com.

/s/ Nancy L. Nicolas

Nancy L. Nicolas

Assistant District Attorney