ACCEPTED
06-14-00104-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
1/28/2015 1:13:28 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00104-CR
CHARLES DOUGLAS MCCLAIN, III § SIXTH COURT
FILED IN
§ 6th COURT OF APPEALS
VS. § TEXARKANA, TEXAS
OF APPEALS
§ 1/28/2015 1:13:28 PM
THE STATE OF TEXAS § DEBBIEOF
STATE AUTREY
TEXAS
Clerk
APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S BRIEF
COMES NOW the State of Texas appellee, and moves this Court pursuant to Tex. R.
App. Proc. 10.5 and 38.6 (D) for an extension of thirty (30) day’s or until March 2, 2015, in
which to file the appellee’s brief herein. In support, appellee would show the following;
1. Appellant was charged with Graffiti in State of Texas v. CHARLES
DOUGLAS MCCLAIN, III, Cause No. 16,545, 115th District Court of Upshur
County, Texas.
2. On May 212, 2014, appellant was found guilty and the Judge assessed
punishment for Twenty Five (25) Years confinement in the Institutional
Division-TDCJ.
3. Notice of appeal was given on May 21, 2014.
5. The Appellee’s brief was due for filing on January 12, 2015.
6. This is the first request for extension of time.
7. Appellee requests an extension until March 2, 2015.
8. Good cause exists for the granting of the motion. Within the past thirty days
counsel for the State has undertaken the following matters:
A: Counsel was responsible for getting the brief on Jason Belcher prepared which
was due on January 5, 2015 in the Twelfth Court of Appeals. Jury Selection in
the 115th Judicial District Court was set on January 12, 2015. The State of Texas
v. Tommy Ray Dillard was on that jury docket and this case was assigned to me
for trial. Counsel has also been helping with trial preparations in The State of
Texas v. Jonathan Shepherd Cause Number 16,605 scheduled for jury selection on
February 2, 2015.
9: This motion is not sought for purposes of delay, but so that justice may be done.
Therefore, Appellee requests until March 2, 2015, in which to complete her brief.
Respectfully submitted,
Upshur County Assistant District Attorney
Natalie A. Miller
405 N. Titus
Gilmer, TX 75644
Tel: (903) 843-5513
Fax: (903) 843-3661
By: /S/ Natalie A. Miller
Natalie A. Miller
State Bar No. 24079007
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing document has been delivered to all counsel of
record, on this the 28th day of January, 2015.
/S/ Natalie A. Miller
Natalie A. Miller