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NO. 03-15-00068-CR

KARL DEAN STAHMANN § IN THE THIRD 

 § 

v. § DISTRICT COURT OF 

§ 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S OBJECTION AND RESPONSE TO APPELLANT’S MOTION 

FOR EXTENSION

TO THE HONORABLE JUSTICES OF SAID COURT: 

 COMES NOW THE STATE OF TEXAS, by and through its Assistant 

District Attorney, and files this its Objection and Response to Appellant’s Motion 

For Extension in the above-captioned cause. The State objects to and asks that this 

Honorable Court deny Appellant’s Motion outright, or in the alternative order 

Appellant to submit his brief within 30 days of November 11, 2015. In support of 

said request, the State would show the following: 

I. Appellant Is Attempting to Delay His Appeal. 

Following his placement on deferred adjudication, Appellant pled “true” to 

several of the allegations in the State’s Motion to Adjudicate. Appellant – currently 

out on an appeal bond – is attempting to delay his appeal from said adjudication. 

His brief from his prior attorney, Charles Baird, was originally due on or about 

March 30, 2015. After a Notice of Late Brief was sent out on April 14th, Appellant 

filed three motions for extension of time, totaling 180 days. With the third motion, 

ACCEPTED

03-15-00068-CR

7980646

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/24/2015 4:42:53 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 4:42:53 PM JEFFREY D. KYLE Clerk
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the Court ordered Appellant to file his brief no later than October 9, 2015.1 After 

missing that deadline, Appellant submitted a motion to substitute counsel on 

October 30, 2015.

Notably, Appellant’s new appellate counsel Ms. Kadirhan appears to share 

an office suite with his prior appellate counsel Mr. Baird; motions from each 

attorney indicate they both practice out of 2312 Western Trails Blvd, Suite 102-A, 

Austin, Texas 78745. Furthermore, they share a common phone number (512-804-

5911). After the motion to substitute was approved, Appellant’s new appellate 

counsel filed the instant motion requesting another 60-day extension from 

November 11, 2015. In said motion, counsel did not state the number of previous 

extensions granted to Appellant (Tex. R. App. P. 10.5(b)(1)(D)), nor did counsel 

assert the extension was not requested for the purpose of delay.

Because Appellant has already received over half a year to research and file 

his brief, this Court should deny the instant motion outright. In the alternative, the 

Court should deny said motion at least in part, and order Appellant’s new counsel 

to file the brief within 30 days of November 11, 2015, the date counsel was 

appointed. Furthermore, the State asks that this Honorable Court require counsel to 

explain – prior to the granting of any extension – the extent of the research and 

notes provided to her from Appellant’s prior appellate counsel, as well as her level 

 

1 Appellant’s Motion incorrectly states that the Court ordered the brief filed by October 30, 2015. 
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of communication and association with Appellant’s prior counsel, Mr. Baird, 

regarding Appellant’s case. Additionally, the State requests that Appellant’s 

counsel first be required to state that said extension is not requested for the purpose 

of delay.

II. PRAYER

WHEREFORE, PREMISES CONSIDERED, the State respectfully prays 

that Appellant’s Motion be DENIED. In the alternative, the State prays that the 

motion be denied at least in part, and Appellant be ordered to file his brief within 

30 days of November 11, 2015, or whatever other time period the Court determines 

is appropriate. Furthermore, prior to any further extensions, the State prays that the 

Appellant’s new counsel state her level of familiarity with Appellant’s case, 

including the extent of her communications with prior counsel Mr. Baird regarding 

said case, and to state that the extension is not requested for the purpose of delay.

Further, the State prays for all other relief to which it may be entitled.

Respectfully submitted,

/s/ Daniel Palmitier

Daniel Palmitier

SBN: 24062934

palmid@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: (830) 608-2008
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CERTIFICATE OF SERVICE

I, Daniel Palmitier, Assistant District Attorney for the State of Texas, 

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

Response to Appellant’s Motion for Extension has been delivered to Appellant 

KARL DEAN STAHMANN’s attorney of record in this matter:

J. Deniz Kadirhan

Deniz@KadirhanLaw.com

2312 Western Trails Blvd, Suite 102-A

Austin, Texas 78745

Tel: 512-804-5911

Counsel for Appellant on Appeal

by electronic mail service through efile.txcourts.gov, this 24th day of November,

2015.

 /s/ Daniel Palmitier

 Daniel Palmitier