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NO. 03-15-00735-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

VICTOR ROSALES § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D-1-DC-14-300723

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) Following his conviction for Aggravated Sexual Assault of a Child, the

appellant filed his notice of appeal in the above cause on November 20, 2015.

Appellant’s counsel filed a brief on August 19, 2016.

ACCEPTED

03-15-00735-CR

13877101

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/18/2016 1:36:07 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/18/2016 1:36:07 PM JEFFREY D. KYLE Clerk
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(b) The State’s brief is currently due on November 18, 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: two.

(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. Edward Funderburke v. State of Texas, No. 03-15-00634-CR). The

undersigned attorney has also been assigned to prepare a response for two

other pending appellate cases, (i.e. Robert Lee Martin v. State of Texas, No.

03-16-00575-CR; and Jose Hernandez-Javier v. State of Texas, No. 08-16-

00195-CR).

2. 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 December 19, 2016.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Matthew Foye

Matthew Foye

Assistant District Attorney

State Bar No. 24043661

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4811

Matthew.Foye@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

266 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/ Matthew Foye

Matthew Foye

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 18th day of November, 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,

Richard E. Wetzel, Attorney at Law, 1411 West Avenue, Suite 100, Austin, Texas

78701, Wetzel_law@1411west.com .

/s/ Matthew Foye

Matthew Foye

Assistant District Attorney