ACCEPTED
06-14-00130-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
1/5/2015 11:24:06 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00130-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 1/5/2015 11:24:06 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ALVIN PETER HENRY, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 25589; HONORABLE BILL HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Gary D. Young, County and District Attorney
Lamar County and District Attorney’s Office
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
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ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00130-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ALVIN PETER HENRY, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 25589; HONORABLE BILL HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through Gary D. Young, the
elected County and District Attorney of Lamar County, Texas and the Lamar
County and District Attorney’s Office, respectfully submits this Motion to
Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of
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Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
for an extension of time in which to file the Appellee’s (State’s) Brief upon
good cause shown below.
I.
On or about December 5, 2014, the appellant filed his brief in the
above-styled and numbered appellate cause. The appellee’s (State’s) brief
was due on or before Monday, January 15, 2015. The State’s first motion
seeks an additional thirty (30) days in which to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. The cause number in the 6th Judicial District Court was 25589.
III.
The appellant, Alvin Peter Henry, Jr., (Henry) filed a notice of appeal
on or about July 15, 2014 in this Court. The District Clerk of Lamar
County filed the Clerk’s Record on or about August 15, 2014. The official
court reporter filed the Reporter’s Record on or about October 2, 2014 along
with the exhibits on or about October 6, 2014.
On or about October 30, 2014, the appellant, Henry, filed a motion for
extension of time to file his brief, which this Court granted. On or about
December 15th, the appellant filed his brief.
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IV.
The present deadline for filing the appellee’s (State’s) brief was
Monday, January 5, 2015. This Court has not granted a previous extension
to the appellee (State) in the above-styled and numbered appellate cause.
Since the filing of appellant’s brief, counsel for the appellee (State)
was preparing for a jury trial in cause number 25603 styled The State of
Texas v. Curtis Anderson, but the defendant entered a plea on the day of trial.
On December 2nd, counsel for the appellee (State) was preparing for a jury
trial in cause numbers 25572 and 25618--both styled The State of Texas v.
Jacoby Hildreth, but the trial court continued these cause numbers. On
December 3rd, counsel for the appellee (State) was a speaker at the Elected
Prosecutors’ seminar in Austin, and was out of the office from December 3rd
through December 5th.
The Christmas holidays fell on December 24-25, and the Lamar
County and District Attorney’s office was closed. The New Year’s Day
holiday fell on January 1, 2015, and the Lamar County and District
Attorney’s office was also closed.
In addition to the criminal dockets above, counsel for the appellee
(State) was preparing a brief in cause number 06-13-00110-CR styled
Michael Earitt White v. The State of Texas; in the Sixth Judicial District
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Court of Appeals at Texarkana (which was also due on January 5, 2015).
Further, counsel for the appellee (State) was preparing the appellee’s
(State’s) brief in cause number 06-14-00053-CV styled In the Matter of D.B.
in the Sixth Judicial District Court of Appeals at Texarkana. The appellee’s
(State’s) brief was filed prior to the brief in White.
Due to these circumstances, Appellee’s attorney is unable to complete
the intensive research necessary to prepare the brief in this appellate cause,
thus necessitating this request for an extension of time. Insufficient time
now remains to complete Appellee’s Brief, but, if the time is extended
another thirty (30) days to Friday, February 6, 2015, the State will have
sufficient time for completion with the time as extended.
V.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until Friday,
February 6, 2015 be granted for the filing of Appellee’s Brief, or until such
time as this Court deems appropriate.
WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
Court grant the State’s Motion to Extend Time to File Its Brief in its entirety
and grant the State of Texas an additional thirty (30) days in which to file its
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brief on or before Friday, February 6, 2015, or until such time as this Court
deems appropriate; and for such other and further relief, both at law and in
equity, to which it may be justly and legally entitled.
Respectfully submitted,
Gary D. Young
Lamar County & District Attorney
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
By:________________________________
Gary D. Young, County Attorney
SBN# 00785298
ATTORNEYS FOR STATE OF TEXAS
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally
appeared Gary D. Young, who after being duly sworn stated:
I am the attorney representing the Appellee in the above-styled
and numbered appellate cause. I have read the foregoing First
Motion to Extend Time to File Appellee’s Brief and the facts
and allegations contained are known to me and they are true
and correct to the best of my knowledge.
_____________________________
Gary D. Young
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SUBSCRIBED AND SWORN TO BEFORE ME on the 5th day of
January, 2015, to certify which witness my hand and official seal.
Notary Public, State of Texas
CERTIFICATE OF SERVICE
This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the “Appellee’s (State’s) Motion to Extend Time for Filing Brief has
been served on the 5th day of January, 2015 upon the following:
Gary L. Waite
Attorney at Law
104 Lamar Avenue
Paris, TX 75460
______________________________
GARY D. YOUNG
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