ACCEPTED
06-14-00114-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
1/20/2015 11:20:52 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00114-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 1/20/2015 11:20:52 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
RANDYEAL DONTRELL TYSON, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 61504; 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. 06-14-00114-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
RANDYEAL DONTRELL TYSON, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 61504; 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
Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
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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 19, 2014, the appellant filed his brief in the
above-styled and numbered appellate cause. The appellee’s (State’s) brief is
due on Tuesday, January 20, 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 County Court at Law of Lamar County,
Texas. The cause number in the County Court at Law was 61504.
III.
The appellant, Randyeal Dontrell Tyson, (Tyson) filed a notice of
appeal on or about June 27, 2014 in this Court. The District Clerk of Lamar
County filed the Clerk’s Record on or about August 18, 2014. The official
court reporter filed the Reporter’s Record on or about September 22, 2014
along with the exhibits on or about September 26, 2014.
The appellant, Tyson, filed two (2) separate motions for extension of
time to file his brief, which this Court granted on both occasions. On or
about December 19th, Tyson filed his brief.
IV.
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The present deadline for filing the appellee’s (State’s) brief is Tuesday,
January 20, 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, the holidays for Christmas and
New Year’s Day fell on December 24-25, 2014 and January 1, 2015,
respectively. On these dates, the Lamar County and District Attorney’s
office was closed.
In addition to the holidays, counsel for the appellee (State) was
preparing for separate hearings on January 9, 2015: a motion to suppress in
cause number 25646 styled The State of Texas v. Jose Guadalupe Zermeno
and a hearing on an out-of-state subpoena for Rosa McCarty. During the
week of January 12th, counsel for the appellee (State) was preparing criminal
cases for grand jury, which was being impaneled for a new term on Friday,
January 16, 2015. During the week of January 12th, counsel for the appellee
(State) was also preparing criminal cases for the January 20th docket for plea
bargains and revocations.
In addition to the criminal dockets above, counsel for the appellee
(State) returned from the Christmas holidays and 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,
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which was filed just prior to New Year’s Day on December 30, 2014. Then,
after the New Year’s Day holiday, 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 Court of Appeals at
Texarkana, which was electronically submitted on January 5th and filed on
January 8, 2015 (now set for submission on January 29, 2015). Since
January 9th, counsel for the appellee (State) was preparing a brief in cause
number 06-14-00130-CR styled Alvin Peter Henry, Jr. v. The State of Texas;
in the Sixth Judicial District Court of Appeals at Texarkana. The State has
previously been granted one extension in cause number 06-14-00130-CR,
and the brief is currently due on or before February 4, 2015.
Due to these circumstances, counsel for the appellee (State) 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 20, 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,
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February 20, 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
brief on or before Friday, February 20, 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
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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
SUBSCRIBED AND SWORN TO BEFORE ME on the 20TH day of
January, 2014, 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 20th day of January, 2015 upon the following:
Don Biard
McLaughlin Hutchison & Biard LLP
38 First Northwest
Paris, TX 75460
______________________________
GARY D. YOUNG
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