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NO. 03-14-00740-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

ARMANDO OCHOA § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-14-202835

STATE'S SECOND MOTION FOR EXTENSION OF TIME

TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully moves for an extension of the deadline for filing

the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and

10.5(b), advises the Court as follows:

(a) Following his conviction for Assault Family Violence, the appellant filed

his notice of appeal in the above cause on November 7, 2014. Appellant’s counsel fileda

brief on May 12, 2015.

ACCEPTED

03-14-00740-CR

6043558

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 3:52:09 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 3:52:09 PM JEFFREY D. KYLE Clerk
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(c) The State’s brief is currently due on July 13, 2015.

(c) This request is that the deadline for filing the State’s brief be extended by

30 days.

(d) The number of previous extensions of time granted for submission of the

State’s brief is: one.

(e) The State relies upon the following facts to reasonably explain the needfor

an extension of the deadline:

1. The attorney assigned to this case is a part-time attorney and has not had

sufficient time to prepare an adequate responsive brief.

2. During the period since the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in another pending appellate

case, (i.e., Joe Derek Carr v. State of Texas, No. 03-14-00234-CR and03-14-

00235-CR). The undersigned attorney is also responsible for preparing the

State’s brief in another pending appellate case (i.e. In the Matter of A.C., No.

03-14-00804-CV).

3. This request is not made for the purpose of delay, but to ensure that the Court

has a proper State’s brief to aid in the just disposition of the above cause.
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WHEREFORE, the State of Texas respectfully requests that the deadline forfiling

the State’s brief be extended to August 12, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Rosa Theofanis

Rosa Theofanis

Assistant District Attorney

State Bar No. 24037591

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4810

Rosa.Theofanis@traviscountytx.gov

AppellateTCDA@traviscountytx.gov
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CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based

upon the computer program used to generate this motion, that this motion contains

275 words, excluding words contained in those parts of the motion that Rule 9.4(i)

exempts from inclusion in the word count. I certify, further, that this motion is printed

in a conventional, 14-point typeface.

/s/ Rosa Theofanis

Rosa Theofanis

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 13th day of July, 2015, a true and correct copy of this

motion was served, by U.S. mail, electronic mail, facsimile, or electronically through

the electronic filing manager, to the Appellant’s attorney, Alexander L. Calhoun,

Attorney at Law, 4301 W. William Cannon Drive, Suite B-150, #260, Austin, Texas

78749, [alcalhoun@earthlink.net].

/s/ Rosa Theofanis

Rosa Theofanis

Assistant District Attorney