1 NO. 03

- 15 -00247- CR

KAYLA JEAN LARDIERI § IN THE THIRD

V. § DISTRICT COURT OF

THE STATE OF TEXAS § APPEALS OF TEXAS

STATE’S UNOPPOSED FOURTH & FINAL MOTION TO EXTEND TIME

TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

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

cause, and moves for an extension of time of 10 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellant was convicted by a jury of Attempt to Commit Capital Murder,

Aggravated Kidnapping, Aggravated Robbery, and Tampering with Physical

Evidence. Her punishment was assessed by the trial court at 30 years for the

Attempted Capital Murder, Aggravated Kidnapping and Aggravated Robbery

offenses, for which there was a deadly weapon finding. She received 10 years for

the Tampering offense. The sentences were to be served concurrently. Appellant

was also assessed court costs

. Appellant’s brief was filed on July 2, 2015. The

State’s brief is currently due on October 16, 2015. ACCEPTED

03-15-00247-CR

7416156

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/16/2015 3:13:29 PM

JEFFREY D. KYLE

CLERK2 II.

C h a r i K e l l y

– t h e a t t o r n e y f o r t h e S t a t e a t t r i a l

– i s h a n d l i n g t h i s b r i e f o n

a p p e a l

. O n O c t o b e r 5 t h s h e h a d a n a g g r a v a t e d k i d n a p p i n g t r i a l i n C R 2 0 1 4

- 5 3 0

.

Additionally, t h i s p a s t w e e k s h e m a d e s e v e r a l a p p e a r a n c e s i n c o u r t t o manage h e r

regular docket a n d c o n d u c t p l e a n e g o t i a t i o n s

. S h e h a s a l s o h a n d l e d i n t a k e a n d

g r a n d j u r y w i t h i n t h e p a s t t w o w e e k s

. T h i s w e e k e n d s h e w i l l h a v e t o p r e p a r e f o r a

r e t r i a l o f t h e p u n i s h m e n t p h a s e i n C R 2 0 1 1

- 5 7 5

. S h e h a s completed some of the

work on the State’s response . However, b ecause of the foregoing, s h e ha s not yet

been able to finish it

, and t h e S t a t e respectfull y request s an extension of 1 0 days to

file i t s brief in the instant cause. This is the f o u r t h a n d f

i n a l extensio n sought by

Appellee. Appellant does not oppose the instant motion.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 1 0 days, until October 2 6

, 201 5 , so that an

adequate response may be made to Appellant’s brief. This extension is not

requested for purposes of delay but so that justice may be done.

R espectfully submitted,

/s/ J o s h u a D

. P r e s l e y

J o s h u a D

. P r e s l e y

- SBN: 240 8 8 2 5 4

p r e s l j @co.comal.tx.us

Comal Criminal Dist rict Attorney ’s Office

150 N. Seguin Avenue, Suite 307

New Braunfels, Texas 781303 Ph: (830) 221

- 1300 / Fax: (830) 608

- 2008

CERTIFICATE OF SERVICE

I, J o s h u a D

. P r e s l e y

, Assistant D istrict A ttorney for the State of Texas,

Appellee, hereby certify that a true and correct copy of this State’s Unopposed

F o u r t h & F i n a l Motion to Extend Time to File Brief has been delivered t o

Appellant KAYLA JEAN LARDIERI ’s attorney in this matter :

Paul A. Finley

pfinley@reaganburrus.com

Reagan Burrus, PLLC

401 Main Plaza, Suite 200

New Braunfels, TX 78130

Counsel for Appellant on Appeal

b y electronically sending it to the above

- listed email address through

efile.txcourts .gov , this 1 6 t h day of October

, 2015

.

/s/ J o s h u a D

. P r e s l e y

J o s h u a D

. P r e s l e y

CERTIFICATE OF CONFERENCE

I certify that I have conferred or made reasonable attempts to confer with all

other parties about the merits of this motion and whether the parties oppose the

motion. Mr. Paul Finley, Attorney for Appellant KAYLA JEAN LARDIERI , was

not opposed to the inst ant motion.

/s/ J o s h u a D

. P r e s l e y

J o s h u a D

. P r e s l e y