ACCEPTED
12-13-00386-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/14/2015 4:09:07 PM
CATHY LUSK
CLERK
NO. 12-13-00386-CR
FILED IN
12th COURT OF APPEALS
IN THE COURT OF APPEALS TYLER, TEXAS
FOR THE TWELFTH JUDICIAL DISTRICT
1/14/2015 4:09:07 PM
AT TYLER, TEXAS CATHY S. LUSK
Clerk
WILLIE OWENS III.,
Appellant
V.
STATE OF TEXAS,
Appellee
ON APPEAL FROM CAUSE NO. 2013-0215 IN THE 159TH
JUDICIAL DISTRICT COURT OF ANGELINA COUNTY, TEXAS
STATE’S FIRST MOTION FOR EXTENSION (UNOPPOSED)
TO THE HONORABLE JUSTICES OF THIS COURT:
Appellee, State of Texas, moves for a 7-day extension of time to file its
brief.
I.
Under the Texas Rules of Appellate Procedure, the general deadline to file
an appellee’s brief is 30 days after the date the appellant’s brief was filed. Tex. R.
App. P. 38.6(b). In this matter, Appellant filed a brief on December 15, 2014. The
State’s brief was due Wednesday January 14, 2015.
The State of Texas now requests a 7-day extension of time in which to file
its brief.
II.
Good cause exists for allowing the State additional time to file its brief for
the following reasons:
1. Counsel for the State was preparing for a jury trial in State v.
Hernandez, Cause No.: 2014-0629 which was scheduled for jury selection on
January 12, 2015.
2. Counsel for the State is simultaneously working on briefs in Willie
Owens III. V. State of Texas, No.: 12-13-00386-CR, Joshe Johnson v. State of
Texas, No.: 12-14-00160-CR, Joseph Finley v. State of Texas, No.: 12-14-00005-
CR, and Jock Dominey v. State of Texas, No.: 12-14-00226-CR, as well as
handling a full felony caseload.
3. This motion for a 7 day extension is unopposed by appellant.
III.
From the above-listed reasons, the State has demonstrated that good cause
for the failure to be able to submit its brief by the Court’s deadline. This is the
State’s second motion for extension, and it is not brought for purposes of delay or
harassment, but to see that justice is done.
WHEREFORE, Appellee State of Texas prays that the Court grant its
requested 7-day extension to file its State’s Brief in this matter and order that the
response filed on October 10, 2013 be deemed filed.
Respectfully Submitted,
____/s/April Ayers-Perez______
APRIL AYERS-PEREZ
Assistant District Attorney
Angelina County D.A.’s Office
P.O. Box 908
Lufkin, Texas 75902
(936) 632-5090 phone
(936) 637-2818 fax
State Bar No. 24090975
ATTORNEY FOR APPELLEE
STATE OF TEXAS
Certificate of Service
I do certify that on January 14, 2105, a true and correct copy of the above
document has been served electronically to appellant’s counsel, Albert Charanza,
Jr., via e-filing.
___/s/April Ayers-Perez__________
APRIL AYERS-PEREZ
Certificate of Conference
I do certify that on January 14, 2015, counsel for state conferred with Albert
Charanza, Jr., counsel for appellant, via the telephone and he was unopposed to
this motion.
_/s/April Ayers-Perez____________
APRIL AYERS-PEREZ
Certificate of Compliance
I certify that this document contains 289 words, counting all parts of the
document except those excluded by Tex. R. App. P. 9.4(i)(1). The body text is in
14 point font, and the footnote text is in 12 point font.
_/s/April Ayers-Perez_____________
APRIL AYERS-PEREZ
Willie Owens III v. State
Combined Opinion