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State v. Robert Simpson

Citation: Not availableDocket: 03-15-00499-CR

Court: Court of Appeals of Texas; December 14, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Robert Simpson, the appellee, submitted a motion to the Third Court of Appeals of Texas requesting a 30-day extension to file his appellee brief, originally due on December 15, 2015. This represents the final extension requested. The motion outlines that the delay is due to prior counsel's failure to file a Petition for Discretionary Review in previous cases (Zambrana v. State) and the subsequent filing of two such petitions on November 25, 2015, which were granted by the Court. Additionally, the appellee's counsel is managing several other legal matters, including a trial set for December 14, 2015, and a final revocation hearing on December 17, 2015. Counsel affirms that no further extensions will be requested. The motion concludes with a request for approval of the extension. A certificate of service confirms that a copy of the motion was sent to the Travis County District Attorney's Office on the same date.

Legal Issues Addressed

Certification of Service

Application: The motion was properly served to the opposing party, ensuring compliance with procedural rules.

Reasoning: A certificate of service confirms that a copy of the motion was sent to the Travis County District Attorney's Office on the same date.

Grounds for Extension Due to Counsel's Workload

Application: The delay in filing was attributed to the appellee's counsel's involvement in other legal matters and prior counsel's failure to file necessary petitions.

Reasoning: The motion outlines that the delay is due to prior counsel's failure to file a Petition for Discretionary Review in previous cases (Zambrana v. State) and the subsequent filing of two such petitions on November 25, 2015, which were granted by the Court.

Motion for Extension of Time to File Brief

Application: The appellee requested a final 30-day extension to file his brief due to overlapping legal commitments and previous counsel's oversight.

Reasoning: Robert Simpson, the appellee, submitted a motion to the Third Court of Appeals of Texas requesting a 30-day extension to file his appellee brief, originally due on December 15, 2015.