1

NO. 03-14-00605-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

HOWARD THOMAS DOUGLAS § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 331ST JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-12-900059

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 Securing Execution of a Document by

Deception, the appellant filed his notice of appeal in the above cause on September

17, 2014. Appellant filed a brief on April 24, 2015.

(b) The State’s brief is currently due on July 27, 2015.

ACCEPTED

03-14-00605-CR

6228870

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 10:27:45 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 10:27:45 AM JEFFREY D. KYLE Clerk
2

(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

need for 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

another pending death penalty appellate case, (i.e. Brandon

Daniel v. State of Texas, CCA No. AP-77,034). The undersigned

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

another pending appellate case (i.e. Thomas Joseph Krausz v.

State of Texas, No. 03-15-00110-CR).

2. 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.
3

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

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

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney

State Bar No. 06022700

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4810

Lisa.Stewart@traviscountytx.gov

AppellateTCDA@traviscountytx.gov
4

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

257 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/ Lisa Stewart

Lisa Stewart

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 27th 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, Craig M. Price,

Hammerle Finley Law Firm, 2871 Lake Vista Drive, Suite 150, Lewisville, Texas

75067, [cmp@hammerle.com].

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney