1 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 ” t o several of the allegations in the State ’ s Motion to Adjudicate. Appellant

– currently out on an appeal bond

–

is attempting to delay his appe al 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 14 th , 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

CLERK2

the Court ordered Appellant to file his brief no later than October 9, 2015. 1 After
mi ssing that deadline, Appellant submitted a motion to substitute counsel on October 30, 2015.
Nota bly, Appellant ’ s new appe llate 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 Blv d, Suite 102

- A, Austin, Texas 787 45. Furt hermore, 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 receive d over half a year to rese arch and file
his brief, t his Court should deny the in stant 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

. F urthermore , the State asks that this Honorable Court require counsel to explain

– p rior to the granting of an y extension

– the extent of the research and

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

1 App ellant ’ s Motion i ncorrectly states that the Court ordered the brief filed by October 30, 2015.3

of communication and association with Appellant ’ s prior counsel, Mr. Baird , regarding Appellant ’ s case. A dditionally , the State requests that Appellant ’ s
counsel first be required to state that said extension is not requested for the purpose of delay.

I I
. PRAYER WHEREFORE, PRE MISES CONSIDER ED, the Stat e respectfully prays that Appellant’s Motion be DENIED . In the alternative, the State prays that the
motion be denied at least in part, and Appella nt 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. Ba ird regarding

s aid 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/ D aniel Palmitier D aniel Palmitier SBN: 2 4062934 p almid @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

- 20084 CERTIFICATE OF SERVICE I, D aniel Palmitier , Assistant D istrict A ttorney 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 Exte nsion has been delivered to Appellant
K ARL DEAN STAHMANN ’s attorney of record in this matter:
J. Deniz Kadirhan Deniz@KadirhanLaw.com 2 312 Western Trails Blvd, Suite 102

- A Austin, Texas 78745 Tel: 512

- 804

- 5911 Counsel for Appellant on Appeal
b y electronic mail service through efile.txcourts.gov , this 24 th day of November , 2015

. /s/ D aniel Palmitier D aniel Palmitier