ACCEPTED
12-15-00007-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/6/2015 9:30:51 AM
CATHY LUSK
CLERK
NUMBER 12-15-00007-CR
FILED IN
CHRISTOPHER EARL THURMAN § IN THE COURT12th
OFCOURT
APPEALSOF APPEALS
TYLER, TEXAS
§
8/6/2015 9:30:51 AM
V. § TWELFTH JUDICIAL DISTRICT
CATHY S. LUSK
§ Clerk
THE STATE OF TEXAS § TYLER, TEXAS
STATE’S SECOND MOTION FOR EXTENSION
AND FOR LATE FILING OF BRIEF
TO THE HONORABLE COURT:
Comes now the STATE OF TEXAS, and presents its second motion for an
extension of time to file a brief in the above-numbered cause, and in support
of said motion, would show this Honorable Court the following:
A. This case was originally disposed of by a bench trial in the 7th District
Court of Smith County, Texas, the Honorable Kerry L. Russell presiding.
B. The trial court cause number was 007-1224-14, and the case was styled The
State of Texas v. Christopher Earl Thurman.
C. Appellant was convicted of the offense of unlawful possession of a firearm
by a felon.
D. The trial court assessed appellant’s punishment at confinement for fifteen
years in the Texas Department of Criminal Justice–Institutional Division
without a fine.
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E. On 10 June 2015, appellant filed a brief. The State’s Brief was due to be
filed in this Court on or before 31 July 2015.
F. The Court previously granted both appellant and the State one extension
of time for the filing of a brief.
G. Pursuant to Rules 2, 9.4(k), 10.5(b)(1), and 38.6(d) of the Texas Rules of
Appellate Procedure, the State is seeking the Court’s indulgence on an
extension of three (3) days in order to allow the State an opportunity for
timely filing its brief on or before 3 August 2015.
H. The facts relied upon to support this request are as follows:
I, Aaron Rediker, the undersigned Assistant Criminal District Attorney, am
one of the two attorneys assigned to the Appellate Section of the Smith
County District Attorney’s Office. On 31 July 2015, I filed the State’s Brief in
the above-numbered cause. After converting the brief from a Microsoft Word
document to PDF file format, I was unaware that my choice of font in Word
had rendered the resulting PDF file not text-searchable. When the brief was
returned by the Clerk of the Court on 3 August 2015, I reformatted the
document and refiled it electronically that same day. The brief’s
nonconformance with Rule 9.4(j)(1) was due to inadvertent user error on my
part and was not an intentional subversion of the Rules of Appellate
Procedure.
I. As a copy of the State’s Brief conforming with Rule 9.4(j)(1) has already
been filed, no further extension will be necessary. This motion is not being
filed for purposes of delay, but to allow the State to timely respond to the
arguments raised in the appellant’s brief.
J. The State has a great interest in affirming the judgement of the 7th District
Court in this case.
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K. All facts recited in this motion not within the record or the Court's
knowledge in its official capacity are within the personal knowledge of the
undersigned attorney, and a verification is therefore not required under
Rule 10.2 of the Texas Rules of Appellate Procedure.
WHEREFORE, PREMISES CONSIDERED, this request is respectfully made that
the Court grant the State the opportunity of filing its brief on or before 3
August 2015.
Respectfully submitted,
/s/ Aaron S. Rediker
Aaron S. Rediker, SBN: 24046692
Assistant Criminal District Attorney
Smith County, Texas
100 N. Broadway, 4th Fl.
Tyler, Texas 75702
(903) 590-1720
(903) 590-1719 (fax)
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned
attorney certifies that the word count for this document is 502 as calculated
by Corel WordPerfect X6.
/s/ Aaron S. Rediker
Aaron S. Rediker
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CERTIFICATE OF SERVICE
On 6 August 2015, a copy of the foregoing motion was emailed to James
W. Huggler Jr., attorney for appellant, at jhugglerlaw@sbcglobal.net.
/s/ Aaron S. Rediker
Aaron S. Rediker
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