ACCEPTED
12-15-00043-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/24/2015 9:28:20 PM
CATHY LUSK
CLERK
Cause No. 12-15-00043-CR
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
In the Court of Appeals for the
8/24/2015 9:28:20 PM
Twelfth Judicial District at Tyler, Texas CATHY S. LUSK
Clerk
Miko Parks,
Appellant
v.
State of Texas,
Appellee
On Appeal from Cause No. 2014-0129 in the 159th
Judicial District Court of Angelina County, Texas
State’s Second Motion for Extension (Unopposed)
To the Honorable Justices of this Court:
Appellee, State of Texas, moves for a 7-day extension of time to file its
brief.
I.
Undre the Texas Rules of Appellate Procedure, the general deadline to file
an appellee’s brief is 30 days after the date the appellant’s brief was filed. Tex. R.
1
App. P.38.6(b). Appellant’s Brief was filed on July 15, 2015, giving the State until
Friday August 14, 2015 to file its brief. The State requested a 10-day extension of
time on Friday August 14, 2015 which made the brief due on Monday August, 24
2015.
The State of Texas now requests a73-day extension of time in which to file
its brief.
II.
Good cause exists for allowing the State additional time to file its brief for
the following reasons:
1. Counsel for the State is working on a brief in Allen v. State 12-15-
00131-CR.
2. Counsel for the State is preparing for an aggravated sexual assault of a
child trial, State v. Taylor cause no. 2014-0145, that will have jury selection
September 14, 2015 in the 159th District Court. This is in addition to the normal
felony caseload of counsel.
4. Counsel for the Appellant is unopposed to this extension, and State’s
Brief is substantively complete with additional time needed to review.
III.
From the above-listed reasons, the State has demonstrated that good cause
for the failure to be able to submit its brief by the Court’s deadline. This is the
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State’s secondmotion for extension, and it is not brought for purposes of delay or
harrassment, but to see that justice is done.
Wherefore, Appellee State of Texas prays that the Court grant its requested
7-day extension to file its State’s Brief in this matter.
Respectfully Submitted,
/s/ April Ayers-Perez
Assistant District Attorney
Angelina County D.A.’s Office
P.O. Box 908
Lufkin, Texas 75902
(936) 632-5090 phone
(936) 637-2818 fax
State Bar No. 24090975
ATTORNEY FOR THE
STATE OF TEXAS
Certificate of Service
I certify that on August 24, 2015, a true and correct copy of the above
document has been forwarded to T. Ryan Deaton by electronic service through
efile.txcourts.gov.
/s/ April Ayers-Perez
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Certificate of Conference
I certify that on August 24, 2015, I conferred with T. Ryan Deaton about this
motion, and certify that he was unopposed to a 7-day extension.
/s/ April Ayers-Perez
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