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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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 3:13:29 PM JEFFREY D. KYLE Clerk
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II.

Chari Kelly – the attorney for the State at trial – is handling this brief on

appeal. On October 5

th

she had an aggravated kidnapping trial in CR2014-530.

Additionally, this past week she made several appearances in court to manage her

regular docket and conduct plea negotiations. She has also handled intake and

grand jury within the past two weeks. This weekend she will have to prepare for a

retrial of the punishment phase in CR2011-575. She has completed some of the 

work on the State’s response. However, because of the foregoing, she has not yet 

been able to finish it, and the State respectfully requests an extension of 10 days to 

file its brief in the instant cause. This is the fourth and final extension sought by 

Appellee. Appellant does not oppose the instant motion.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 10 days, until October 26, 2015, 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. 

Respectfully submitted,

/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
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Ph: (830) 221-1300 / Fax: (830) 608-2008

CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas, 

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

Fourth & Final Motion to Extend Time to File Brief has been delivered to 

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

by electronically sending it to the above-listed email address through 

efile.txcourts.gov, this 16

th

day of October, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley

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 instant motion. 

/s/ Joshua D. Presley

Joshua D. Presley