### NO. 03-14-00252-CR

INTHE COURT OFAPPEALS FORTHE THIRD DISTRICT OF TEXAS ATAUSTIN

JOHNJOSEPHFOSTER Appellant 

# v. THE STATE OF TEXAS Appellee



### MOTION TO EXTEND TIME FORFILING STATE'SBRIEF

JAMES J. LAMARCA Assistant County Attorney Williamson County, Texas State BarNo. 24074568 405 Martin Luther King,# 7 Georgetown, Texas 78626 PHONE: (512)943-1111 FAX: (512) 943-1120 jlamarca@wilco.org ACCEPTED 03-14-00252-CR 3973141 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/30/2015 4:44:39 PM JEFFREY D. KYLE

CLERK

### NO. 03-14-00252-CR JOHNJOSEPH FOSTER 

### § IN THE COURT OF APPEALS § 

# vs. § FOR THE THIRD DISTRICT § 

### THE STATE OF TEXAS § 

### OFTEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE'S BRIEF TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: The State of Texas by and through its attorney, Dee Hobbs, Williamson County Attorney, files this Motion to Extend Time for Filing State's Brief, and in support of this motion, would respectfully show the following: 1. The State's current deadline for filing its State's Briefis January 30, 

### 2015. 2. This is the State's first request for an extension oftime. 3. The undersigned Assistant County Attorney has numerous matters on appeal at different stages in the various Courts ofAppeals ofTexas. Furthermore, the undersigned Assistant County Attorney continues to be required in the courtroom to assist with dockets, to answer and research questions from law enforcement and other prosecutors, respond to petitioners' writs ofhabeas corpus and represent applicants for protective orders.For the above-mentioned reasons, the undersigned Assistant County Attorney has not had sufficient time to research the applicable law and prepare an adequate briefby the current deadline ofJanuary 30, 2015. THEREFORE, the State requests that the Court grant this motion and extend the deadline for filing the brief of Appellee for thirty (30) days beyond the original deadline imposed. SIGNED this the 30th day ofJanuary, 2015. Respectfully submitted,

IsfJames J. LaMarca JAMES J. LAMARCA Assistant County Attorney Williamson County, Texas SBN: 24074568 405 MartinLuther King,# 7 Georgetown, Texas 78626 PHONE: (512) 943-1111 FAX: (512) 943-1120 jlamarca@wilco.orgCERTIFICATE OF SERVICE 

### I certify that a true and correct copy ofthis State's Motion to Extend Time for Filing State's Briefwas served upon Kristen Jernigan, Appellant's attorney ofrecord, by electronic service to Kristen@txcrimapp.com, on January 30, 2015.

/s/ James J. LaMarca JAMES J. LAMARCAAFFIDAVIT OF VERIFICATION BEFOREME, Notary Public in and for the State and County aforesaid, onthis day personally appeared the undersigned affiant who, after being duly sworn, deposes and says the following: "Myname is James J. LaMarca. I am an Assistant County Attorney for Williamson County, Texas. I have read the above Motionto Extend Time for Filing State's Briefand swearthat it is true base on mypersonal knowledge ofthe fact recited therein."

s ·ssistant County Williamson Cou

This instrument was swornto and subscribed before me, this the 30th day of January, 2015.**~~~~¥,~** HOLlY BETH BOLTON**f:"f--:.J..::.·i*~** Notary Public, State of Texas**\~--~~i** My Commission Expires**~-t',i!f:,.,.**• DECEMBER 20, 2018