1 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 427 TH 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

CLERK2

(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.3

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.gov4 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