ACCEPTED
12-13-00386-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/2/2015 10:57:20 PM
CATHY LUSK
CLERK
Cause No. 12-13-00386-CR
FILED IN
12th COURT OF APPEALS
In the Court of Appeals for the TYLER, TEXAS
Twelfth Judicial District at Tyler, Texas 2/2/2015 10:57:20 PM
CATHY S. LUSK
Clerk
WILLIE OWENS III.,
Appellant
V.
STATE OF TEXAS,
Appellee
On Appeal from Cause No. 2012-0096 in the
217th Judicial District Court of Angelina County, Texas
State’s Third 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). Appellant’s Brief was file on December 15, 2014, giving the
State until Wednesday January 14, 2015 to file its brief. The State requested a 7-
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day extension of time on Wednesday January 14, 2015 and a 10-day extension of
time on Wednesday, January 21, 2015 which would make the brief due Monday
February 2, 2015 due to January 31, 2015 falling on a weekend.
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 working on and completed two other briefs
during this time-frame in Johnson v. State, No. 12-14-00160-CR and Albro v.
State, No. 12-14-00182-CR. Counsel for the State is also actively working on
Dominey v. State, No. 12-14-00226-CR, Finley v. State, No. 12-14-00005-CR, and
Alfred v. State, No. 12-14-00319-CR during the same time frame.
2. Counsel for the State had to prepare for a jury trial in State v. Duron,
No. 2014-0323 and State v. Taylor, No. 2014-0145 both of which were scheduled
for jury selection on February 2, 2015. This is in addition to the normal felony
criminal docket counsel must prepare for.
3. Counsel for the State has requested a total of less than thirty (30) days
extension combined, is 80% done with the State’s Brief, and made a good-faith
effort to complete State’s Brief prior to the February 2, 2015 deadline.
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4. 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
7-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
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Certificate of Service
I do certify that on February 2, 2015 a true and correct copy of the above
document has been served electronically to Al Charanza, attorney for Appellant,
Willie Owens, III., through efile.txcourts.gov.
/s/ April Ayers-Perez
Certificate of Conference
I certify that on February 2, 2015 I conferred with Al Charanza via email
about this motion, and certify that he was unopposed to a 7-day extension.
/s/ April Ayers-Perez
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Willie Owens III v. State
Combined Opinion