PD-1409-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/24/2016 2:47:36 PM
May 24, 2016 Accepted 5/24/2016 2:51:17 PM
ABEL ACOSTA
No. PD-1409-15 CLERK
IN THE
COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN, TEXAS
_________________________________________________
DAMON LAVELLE ASBERRY
APPELLANT
V.
THE STATE OF TEXAS
___________________________________________
AN APPEAL OF FINDINGS UNDER CODE OF CRIMINAL PROCEDURE CHAPTER 64
CAUSE NO. 2007-1625-C2A
FROM THE 54TH JUDICIAL DISTRICT COURT OF
MCLENNAN COUNTY, TEXAS
____________________________________________
MOTION FOR EXTENSION OF TIME
TO FILE THE STATE’S BRIEF
____________________________________________
ABELINO "ABEL" REYNA STERLING HARMON
Criminal District Attorney Appellate Division Chief
McLennan County, Texas State Bar No. 09019700
219 North 6th Street, Suite 200
Waco, Texas 76701
Tel: (254) 757-5084
Fax: (254) 757-5021
Email:
sterling.harmon@co.mclennan.tx.us
TO THE HONORABLE COURT OF CRIMINAL APPEALS
The State of Texas, moves for an extension of Thirty Days in which
to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is
based upon the following reasonable explanation of the need for additional
time, within the personal knowledge of Sterling Harmon, the attorney
signing this motion, namely:
The State of Texas moves this court to allow an extension of thirty
days from the filing of this motion to file its Brief. The State’s Brief was due
on May 23, 2016. The State requests that the new deadline be June 22,
2016. This is the first request for extension made by the State.
On May 24, 2016, the McLennan County Criminal District
Attorney’s Office became aware of the issuance of a Late Brief Notice by
the Clerk of the Court. This was the first indication to this office that
Appellant had filed his brief with the Court, and that the State’s brief was
consequently due on May 23, 2016. Upon becoming aware of this, a check
was made of this Office’s records of incoming email and hard copy
document receipts, as well as the electronic filing service. No record was
found showing receipt of Appellant’s brief in this case. Appellant’s
counsel, upon receiving a copy of the Late Brief notice from the Clerk of the
Court, provided a copy of the Appellant’s brief via email.
Consequently, the State asks for an extension of thirty days from the
filing of this motion to file its responsive brief. The additional time is not
sought frivolously or for delay, but will be of genuine assistance in
preparing the State’s brief.
For the foregoing reasons, the State prays that the Court grant this
Motion and modify and extend the deadline for filing the State’s brief to
June 23, 2016 or that this Court grant such additional time as is just and
proper.
Respectfully Submitted:
ABELINO ‘ABEL’ REYNA
Criminal District Attorney
McLennan County, Texas
//S// Sterling Harmon
STERLING HARMON
Appellate Division Chief
219 North 6th Street, Suite 200
Waco, Texas 76701
Tel: (254) 757-5084
Fax: (254) 757-5021
Email:
sterling.harmon@co.mclennan.tx.us
State Bar No. 09019700
CERTIFICATE OF SERVICE
I certify that I caused to be served a true and correct copy of this
motion by electronic service or email on counsel for Appellant, Walter
Reaves, Jr. at walterreaves@att.net.
DATE: 5/24/16 //S// STERLING HARMON
STERLING HARMON