ACCEPTED
12-14-00127-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/11/2015 11:40:38 AM
CATHY LUSK
CLERK
IN THE COURT OF APPEALS FOR THE
12TH DISTRICT OF TEXAS AT TYLER
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
THOMAS DARRELL HOWELL, § 2/11/2015 11:40:38 AM
APPELLANT § CATHY S. LUSK
v. § No. 12-14-00127-CR Clerk
THE STATE OF TEXAS, §
APPELLEE §
STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
ANSWER TO APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through her Assistant District
Attorney for Nacogdoches County, and tenders this motion for an extension of
time to file the State’s Answer to Appellant’s Brief, pursuant to Texas Rules of
Appellate Procedure 10.5(b) and 49.2. In support of this motion, the State would
show the following:
I.
The case is styled Thomas Darrell Howell v. The State of Texas, and is an
appeal from trial in the 420th District Court in Nacogdoches County, Texas, in
cause number F1320262.
II.
Appellant’s brief was filed on January 11, 2014, and the State’s answer in
the instant case is currently due on February 11, 2015. The State respectfully
requests a 30-day extension of time to file the State’s answer so that the answer
will be due on March 13, 2015. The State has not previously requested an
extension of time to file an answer.
III.
The extension of time to file is not requested for the purpose of an improper
delay but so that the State might adequately respond to Appellant’s motion. The
State alleges good cause exists for the extension due to counsel’s preparation and
work on other cases, namely:
The State of Texas v. Damion Deneih Yarbough, Cause Number
F1219118, wherein the defendant is charged with the offense of
Possession of a Controlled Substance. A bench trial is currently
scheduled for February 19, 2015.
The State of Texas v. Damarius Rashad Bruton, Cause Number
F1320353, wherein the defendant is charged with Burglary of
Habitation. Jury selection begins February 23, 2015.
The State of Texas v. Jose Ignacio Lopez-Hernandez, Cause
Number F1320461, wherein the defendant is charged with
Aggravated Sexual Assault of a Child. Jury Selection begins
February 23, 2015.
The State of Texas v. Floyd Elmo Simpson, Cause Number
F1421046, wherein the defendant is charged with Driving While
Intoxicated as a Third Offender. Jury Selection begins February
23, 2015.
Moreover, this office is currently experiencing an exceptional
volume of requests through the Freedom of Information Act for
which we are not adequately staffed. Appellee has been forced to
divert a great deal of time in response to these requests.
Once these matters have been adequately addressed, Appellee will
have the time to devote to this Answer to Appellant’s Brief.
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WHEREFORE, premises considered, the State respectfully requests that
the Court grant the instant motion and extend the time for filing the State’s answer
for 30 days, until March 13, 2015.
Respectfully submitted,
_______________________
Andrew E. Jones
Assistant District Attorney
Nacogodoches County, Texas
State Bar No. 24073562
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036
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CERTIFICATE OF SERVICE
A true copy of the State’s motion has been served via FAX/certified
mail/hand delivery on counsel for Appellant, John Henry Tatum II, on this, the
11th day of February, 2015.
___________________________
Andrew E. Jones
Assistant District Attorney
Nacogdoches County, Texas
State Bar No. 24073562
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036
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