ACCEPTED
06-14-00102-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
4/5/2015 10:05:52 AM
DEBBIE AUTREY
CLERK
No. 06-14-00102-CR - CR
FILED IN
6th COURT OF APPEALS
TYRELL SMITH § TEXARKANA, TEXAS
SIXTH COURT
§ 4/6/2015 8:07:00 AM
§ DEBBIE AUTREY
VS. § OF APPEALS Clerk
§
§
THE STATE OF TEXAS § STATE OF TEXAS
§
APPELLEE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S BRIEF
Harrison County District Attorney, Appellee moves this Court pursuant to Tex. R. App. Proc.
10.5 and 38.6(D) for an extension of four (4) days or until April 6, 2015, in which to file the
Appellee’s brief. In support, the Appellee would show the following:
1. The Appellant’s brief was filed on February 10, 2015
2. Appellee’s brief was due for filing on April 2, 2015
3. This is the second request for extension of time.
4. Good cause exists for the granting of this motion, based on the following:
A. Appellee’s brief was originally due on March 12, 2015. On that date Appellee filed its
first Motion requesting a thirty (30) day extension. On March 18, 2015 Appellee
received notice that the request had been granted. Since it was the first request, Counsel
assumed it was for thirty days. On April 3, 2015 counsel was checking the status of other
extensions and was surprised to discover his request had been reduced to a 21 day
extension. At that point counsel cancelled all holiday Easter plans and prepared the brief
which is being filed contemporaneously with this motion, and requests this motion be
granted because the Appellee should not be punished for counsel’s erroneous assumption.
Wherefore, Appellant requests until April 6 2015, in which to complete his brief.
B. This motion is not sought for the purposes of delay, but so that justice may be sought.
Wherefore, Appellant requests until April 6, 2015, in which to complete his brief.
Respectfully submitted,
/S/ Timothy J. Cariker
____________________________
Timothy J. Cariker
State Bar No. 24009942
P.O. Box 776
Marshall, Texas 75671
Telephone: 903-935-8408
Fax: 903-938-9312
timc@co.harrison.tx.us
ATTORNEY FOR APPELLEE
HARRISON COUNTY
DISTICT ATTORNEYS OFFICE
CERTIFICATION OF SERVICE
I certify that a true and correct copy of the Appellee’s Second Motion for Extension of Time to
File Appellee’s Brief has been delivered to the Appellant’s Attorney on Appeal.
.
04/04/2015 /S/ Timothy J. Cariker
Dated_____________________________ ___________________________________
Timothy J. Cariker
State Bar No. 24009942
P.O. Box 776
Marshall, Texas 75671
Telephone: 903-935-8408
Fax: 903-938-9312
timc@co.harrison.tx.us