ACCEPTED
12-14-00005-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/21/2015 5:57:49 PM
CATHY LUSK
CLERK
No. 12-14-00005-CR
FILED IN
12th COURT OF APPEALS
In the Court of Appeals TYLER, TEXAS
for the Twelfth Judicial District 1/21/2015 5:57:49 PM
at Tyler, Texas CATHY S. LUSK
Clerk
Joseph Finley,
Appellant
V.
State of Texas,
Appellee
On Appeal From Cause No. 2013-0140 in the 217th
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 30-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). Appellant’s Brief was filed on December 22,
2014, giving the State until Wednesday January 21, 2015 to file its brief.
The State of Texas now requests a 30-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 working on and completed two other
briefs during this time-frame in Albro v. State, No. 12-14-00182-CR and
Johnson v. State, No. 12-14-00160-CR, both of which had already had an
extension granted. Counsel for the State is also actively working on Owens
v. State, No. 12-13-00386-CR and Dominey v. State, No. 12-14-00226-CR
during this same time frame.
2. Counsel for the State had to prepare for a jury trial in State v.
Hernandez, No. 2014-0629 which was scheduled for jury selection January
12, 2015. This is in addition to the normal felony criminal docket counsel
must prepare for.
3. Counsel for the Appellant is unopposed to this motion.
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 first 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 30-day extension to file its State’s Brief in this matter.
Respectfully Submitted,
/s/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
aperez@angelinacounty.net
Attorney for Appellee
State of Texas
Certificate of Service
I do certify that on January 21,2015 a true and correct copy of the
above document has been served electronically to John Tunnell, , attorney
for Appellant, Joseph Finley, through efile.txcourts.gov.
/s/April Ayers-Perez
Certificate of Conference
I certify that on January 21, 2015, I conferred with John Tunnell in
person about this motion, and certify that he was unopposed to a 30-day
extension.
/s/April Ayers-Perez