ACCEPTED
01-14-00877-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/22/2015 2:59:05 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00877-CR
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
FALLON WAGNER § IN THE COURT OF APPEALS
4/22/2015 2:59:05 PM
§ CHRISTOPHER A. PRINE
V. § Clerk
FIRST JUDICIAL DISTRICT
§
THE STATE OF TEXAS § AT HOUSTON, TEXAS
APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee asks the Court to extend the time to file its brief.
Introduction
1. Appellant is Fallon Wagner; Appellee is the State of
Texas. No rule provides a deadline to file this motion to extend. See TEX.
R. APP. P. 38.6(d). Appellant is unopposed to this motion.
Argument and Authorities
2. The Court has the authority under Texas Rule of
Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s
brief was filed on March 26, 2015. Appellee’s brief is due on April 24,
2015. Appellee requests an additional 30 days to file its brief, extending the
time until May 26, 2015. No prior extension has been granted to extend the
time to file the Appellee’s brief.
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3. Appellee needs additional time to complete its brief.
Appellate counsel has conducted a thorough review of the record and legal
issues involved in this appeal. Counsel has also made a diligent effort to
complete the brief within the time required under the rules. However, an
active criminal docket and conflicts with other settings has made completing
the brief before the deadline unworkable. Accordingly, counsel respectfully
asks for additional time to finalize her review of the record, and the law
applicable to the case, and complete the State’s brief.
Prayer
4. For these reasons, Appellee asks the Court to grant an
extension of time to file its brief until May 26, 2015.
Respectfully submitted,
/s/ Cynthia Ericson
_____________________________________
Cynthia Ericson
State Bar No. 24053188
Assistant Criminal District Attorney
111 East Locust St., Suite 408A
Angleton, Texas 77515
(979) 864-1233
(979) 864-1712 Fax
cynthiae@brazoria-county.com
ATTORNEY FOR THE APPELLEE,
THE STATE OF TEXAS
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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I
certify that I have conferred, or made a reasonable attempt to confer, with all
other parties, which are listed below, about the merits of this motion with the
following results:
Cary Faden opposes motion
State Bar No. 06768725 does not oppose motion
Attorney at Law
77 Sugar Creek Blvd., Suite 230 agrees with motion
Sugar Land, Texas 77478 would not say whether
(281) 491-6182 motion is opposed
(281) 491-0049 – Fax
did not return my
caryfaden@aol.com
message regarding the
motion
Attorney for the Appellant
/s/ Cynthia Ericson
__________________________________
Cynthia Ericson
Assistant Criminal District Attorney
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CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and
9.5(b), (d), (e), I certify that I have served this document on all other parties,
which are listed below, on April 22, 2015:
Cary Faden By:
State Bar No. 06768725 personal delivery
Attorney at Law
77 Sugar Creek Blvd., Suite 230 mail
Sugar Land, Texas 77478 commercial delivery
(281) 491-6182
electronic delivery / fax
(281) 491-0049 – Fax
caryfaden@aol.com
Attorney for the Appellant
/s/ Cynthia Ericson
__________________________________
Cynthia Ericson
Assistant Criminal District Attorney
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