ACCEPTED
06-14-00114-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/23/2015 9:16:39 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00114-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 2/23/2015 9:16:39 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
AMEND, SUPPLEMENT OR REDRAW
APPELLANT’S 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
ORAL ARGUMENT WAIVED
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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
AMEND, SUPPLEMENT OR REDRAW
APPELLANT’S 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. As the appellee, the State filed
its brief on February 10, 2015.
On or about February 18 or 20th of 2015, the County Clerk of Lamar
County filed a supplemental clerk’s record that included a bill of costs. See
Supp. CR, pg. 3.
II.
With his fourth issue, the appellant, Tyson, alleged that the record did
not contain a certified bill of costs; therefore, Tyson cannot be made to pay
costs of court. See Appellant’s Brief, pgs. 4, 20. Since the filing of
Tyson’s brief, however, the County Clerk of Lamar County filed a
supplemental clerk’s record that included a bill of costs. See Supp. CR, pg.
3.
III.
Under the authority of Rule 38.9 of the Texas Rules of Appellate
Procedure, the State asks this Court to order the appellant (Tyson) to amend,
supplement or redraw his brief. See Tex. R. App. P. 38.9 (“Because briefs
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are meant to acquaint the court with the issues in a case and to present
argument that will enable the court to decide the case, substantial
compliance with this rule is sufficient, . . .”). Now that the County Clerk
has filed a supplemental clerk’s record on or about February 20th, that
included a bill of costs, the appellant, Tyson, should amend, supplement or
redraw his brief with respect to the fourth issue/point of error. See id.
In the alternative, the State asks this Court to hold that the appellant’s,
Tyson’s, fourth issue/point of error is now moot.
IV.
The purpose of this motion is not for delay because the above-styled
and numbered cause is not set for submission until March 3, 2015, but so
that justice may be had by all parties.
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 Amend, Supplement or Redraw Appellant’s
Brief; or in the alternative, this Court should that the appellant’s, Tyson’s,
fourth and final issue should be moot; and for such other and further relief,
both at law and in equity, to which it may be justly and legally entitled.
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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
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 Amend, Supplement or Redraw
the Appellant’s Brief” has been served on the 23rd day of February, 2015
upon the following:
Don Biard
McLaughlin Hutchison & Biard LLP
38 First Northwest
Paris, TX 75460
______________________________
GARY D. YOUNG
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Randyael Dontrell Tyson v. State
Combined Opinion