1 NO. 03

- 15 -00153- CR

THE STATE OF TEXAS § IN THE THIRD

v. § DISTRICT COURT OF

FRANCES ANITA ROBINSON § APPEALS OF TEXAS

STATE’S SECOND 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 from reinstatement of the

instant case in the Court of Appeals (after a potential remand) or from the trial

court ’ s filing of any amended findings to fi le Appellee’s brief, and for good cause

would show the following:

I.

Appell ee 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 cou rt 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, ACCEPTED

03-15-00153-CR

5296282

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/15/2015 9:16:20 AM

JEFFREY D. KYLE

CLERK2

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

The State’s brief is currently due on May 1 4 , 2015.

II.

Assistant District Attorney Daniel Palmitier is handling the appeal for the

State in this case

. Yes terday, May 1 4 , 2015, the State filed a verified motion to

abate and remand the cause to the trial court, because the trial court’s findings

–

entered after it was deprived of jurisdiction

– are void, and because the State is

entitled to have such findings for the appeal. Further, the State had no notice or

actual know ledge of the entry of said findings until May 6, 2015

– more than ten

days after they were filed. See Tex. R. Civ. P. 297, 298. T h e S t a t e w i l l r e q u e s t

a d d i t i o n a l f

i n d i n g s i n t h e e v e n t o f a r e m a n d

. Mr. Palmitier has already performed

much of the necessary research, but he has not yet been able to complete the

State’s brief. The State’s Verified Motion to Abate and Remand is currently

pending in this Court; i n the event of a remand, the State respectfully request s an

extension of 30 days from r e i n s t a t e m e n t i n t h e C o u r t o f A p p e a l s

– or 30 days from

t h e f i l i n g o f a n y a m e n d e d f

i n d i n g s

– to file its brief. This is the second extension

sought by Appellee.3 III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 30 days after reinstatement in the Court of

Appea ls o r t h e e n t r y o f a m e n d e d f i n d i n g s

, 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.

R espectfully submit ted,

/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: (8 30) 608

- 20084 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 Second 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 el ectronic service to the above

- listed email address through efile.txcourts.gov

on this the 1 5 th day of May , 2015

.

/s/ Joshua D. Presley

Joshua D. Presley