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No. 03-14-00637-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

CHRISTOPHER ROBERTS § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 403RD JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-12-302227

STATE'S THIRD 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 Murder, the appellant filed his notice of appeal in

the above cause on September 29, 2014. Appellant’s counsel filed a brief on April 23,

2015.

ACCEPTED

03-14-00637-CR

6215773

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/24/2015 2:08:16 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/24/2015 2:08:16 PM JEFFREY D. KYLE Clerk
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(b) The State’s brief is currently due on July 27, 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: two.

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

an extension of the deadline:

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

attorney has completed and filed an original brief in three other pending

appellate cases, (i.e. Antonio Perez Lopez v. State of Texas,No. 03-14-00452-

CR; Charles Anthony Malouff, Jr. v. State of Texas, No. 03-13-00723-CR;

and Eric Robertson v. State of Texas, No. 07-15-00030-CR). The undersigned

attorney has also completed and filed a motion for rehearing inanotherpending

appellate case, (i.e. Gerald Christopher Zuliani v. State of Texas, No. 03-13-

00490-CR to 03-13-00493-CR and 03-13-00495-CR). The undersigned

attorney is also responsible for preparing the State’s brief in four otherpending

appellate cases (i.e. Terrell Maxwell v. State of Texas, No. 03-14-00586-CR;

Graham Jay Sonnenberg v. State of Texas, No. 03-14-00530-CR; Miguel
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Macias v. State of Texas, No. 14-15-00030-CR; and Miguel Radilla Esquivel

v. State of Texas, No. 03-14-00544-CR).

2. In addition, the undersigned attorney, as the director of the Appellate Division

of the Travis County District Attorney’s Office, has been required, during the

pendency of the instant appeal, to spend a considerable amount oftime working

on a variety of other legal matters and administrative issues.

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.

WHEREFORE, the State of Texas respectfully requests that the deadline forfiling

the State’s brief be extended to August 26, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney

State Bar No. 00785584

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. (512) 854-4810

Scott.Taliaferro@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

376 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/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 24th 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, Kristen Jernigan, Attorney at

Law, 207 S. Austin Avenue, Georgetown, Texas 78626, [Kristen@txcrimapp.com].

/s/ M. Scott Taliaferro

M. Scott Taliaferro

Assistant District Attorney