ACCEPTED
12-14-00210-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/9/2015 3:04:49 PM
CATHY LUSK
CLERK
CASE NO. 12-14-00210-CR
BOBBIE GRUBBS § IN THE COURT OF APPEALS
FILED IN
APPELLANT § 12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § TWELFTH 7/9/2015
COURT OF3:04:49 PM
APPEALS
§ CATHY S. LUSK
THE STATE OF TEXAS, § Clerk
APPELLEE § TYLER, TEXAS
MOTION FOR LEAVE TO FILE LATE MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW The State of Texas , Appellee, by and through her District Attorney, Kenneth
B. Florence, and files this motion for leave to file a late motion for an extension of 30 days in which
to file the Appellee’s Brief. In support of this motion, Appellee shows the court the following:
I.
Appellant was convicted in the 273rd Judicial District Court of Shelby County, Texas, by a
jury, of the offense of Capital Murder. The judge assessed punishment at confinement in the Texas
Department of Criminal Justice Institutional Division, for Life, without the possibility of Parole.
II.
The deadline for filing the Appellee’s Brief was July 3, 2015. That date was the official
observance of Independence Day and all county offices were closed. That date has passed.
III.
Appellee’s request for an leave to file a late motion for extension of time is based upon the
following facts:
1. Appellee can get the brief filed within the 30 days requested.
2. This motion is not opposed by defense counsel.
3. This motion is the State’s first motion for an extension.
4. The elected District Attorney was the only attorney in the office for 4 years, and a new Assistant
District Attorney was just approved effective June 8, 2015.
Wherefore, Appellee prays the court grant the motion for leave to late file this motion for
extension, the motion for extension, and extend the deadline for filing the Appellee’s Brief to
August 7, 2015.
Respectfully submitted,
/s/ Kenneth B. Florence
KENNETH B. FLORENCE
TBA # 00790698
Shelby County Assistant District Attorney
200 San Augustine Street Suite 12
Center, Texas 75935
(936) 598-2489
(936) 598-4106
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the State’s Motion for Leave to file a Late
Motion for Extension of Time to File Appellee’s Brief, as related above, was served upon, Stephen
Shires, Attorney for Appellant, 123 San Augustine Street, Center, Texas 75935, by facsimile (936)
598-3031, on this the 7th day of July 2015.
/s/ Kenneth B. Florence
KENNETH B. FLORENCE