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No. 03-15-00241-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

MICHAEL JOHN JAMES § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-907320

STATE'S SECOND 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 Assault with a Deadly Weapon, the

appellant filed his notice of appeal in the above cause on April 23, 2015. Appellant’s

counsel filed a brief on September 21, 2015.

ACCEPTED

03-15-00241-CR

7927828

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/20/2015 1:49:48 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/20/2015 1:49:48 PM JEFFREY D. KYLE Clerk
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(b) The State’s brief is currently due on November 20, 2015.

(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: one.

(e) The State relies upon the following facts to reasonably explain the need

for an extension of the deadline:

1. During the period since the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in two other pending

appellate cases, (i.e. Terrell Maxwell v. State of Texas, No. 03-14-00586-

CR; and Miguel Macias v. State of Texas, No. 14-15-00030-CR). The

undersigned attorney is also responsible for preparing the State’s brief in

another pending appellate case (i.e. Miguel Radilla Esquivel v. State of

Texas, No. 03-14-00544-CR).

2. In addition, the undersigned attorney, as the director of the Appellate

Division of the Travis County District Attorney’s Office, has been required,

during the pendency of the instant appeal, to spend a considerable amount of

time working on a variety of other legal matters and administrative issues.
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3. This request is not made for the purpose of delay but to ensure the

submission of a brief that fully addresses the issues and assists the Court in

its disposition of this case.

WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to December 21, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney

State Bar No. 00785584

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. (512) 854-4810

Scott.Taliaferro@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

314 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/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 20th day of November, 2015, 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,

Leonard Martinez, Attorney at Law, 812 San Antonio Street, Suite 104, Austin,

Texas 78701, lmartinezlawoffice2750@gmail.com.

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney