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NO. 03-15-00153-CR

THE STATE OF TEXAS § IN THE THIRD 

v. § DISTRICT COURT OF 

FRANCES ANITA ROBINSON § APPEALS OF TEXAS 

STATE’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT: 

 Now comes the State of Texas, Appellant in the above styled and numbered 

cause, and moves for an extension of time of 30 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

 Appellee was indicted by a grand jury on June 5, 2013 for the charge of 

Intoxication Manslaughter in CR2013-267. After Appellee’s motion to suppress 

evidence was granted by the trial court on February 18, 2015, the State timely 

appealed pursuant to article 44.01 of the Code of Criminal Procedure, and a stay 

was granted by the Court of Appeals on March 20, 2015. The State timely filed its 

request for findings of fact and conclusions of law with the trial court on March 10, 

2015. See Tex. R. Civ. P. 296. Out of an abundance of caution, the State timely 

filed its notice of past due findings of fact and conclusions of law on April 9, 2015, 

along with the State’s proposed findings for the trial court. See Tex. R. Civ. P. 297. 

ACCEPTED

03-15-00153-CR

4878823

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/14/2015 11:41:33 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 11:41:33 AM JEFFREY D. KYLE Clerk
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II.

Assistant District Attorney Daniel Palmitier is handling the appeal for the 

State in this case. When the State filed its notice of past due findings, supra, it was 

informed that the Defendant/Appellee had not yet provided her proposed findings 

and conclusions to the court. Under Texas Rule of Civil Procedure 297, said

findings should be filed by April 20

th

. In addition to its need for the trial court’s 

findings, Mr. Palmitier had several trials in recent weeks, including CR2014-031

from March 23

rd

to March 27

th

and CR2014-042 last week. Furthermore, Mr.

Palmitier typically has multiple trial settings every week. Although Mr. Palmitier

has already performed much of the necessary research, he has not yet been able to

complete the State’s brief. In light of the foregoing, the State respectfully requests

an extension of 30 days to file its brief. This is the first extension sought by 

Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 30 days, until May 14, 2015, so that

Appellant’s brief will fully, adequately and accurately present its case to the

Honorable Court of Appeals. This extension is not requested for purposes of delay 

but so that justice may be done. 
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Respectfully submitted,

/s/ Joshua D. Presley

Joshua D. Presley SBN: 24088254

preslj@co.comal.tx.us

Comal Criminal District Attorney’s Office 

150 N. Seguin Avenue, Suite 307

New Braunfels, Texas 78130

Ph: (830) 221-1300 / Fax: (830) 608-2008

CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of 

Texas, hereby certify that a true and correct copy of the above and foregoing 

State’s First Motion to Extend Time to File Brief was sent to Defendant/Appellee 

FRANCES ANITA ROBINSON’s attorney of record in this matter: 

Mr. Charles Sullivan

csullivan@lawcsullivan.com

308 Campbell Dr. 

Canyon Lake, TX 78133

Fax: 210-579-6448

Attorney for Appellee on Appeal

By electronic service to the above-listed email address through efile.txcourts.gov

on this the 14

th

day of April, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley