AP-77,038
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/28/2015 6:15:46 PM
September 30, 2015 Accepted 9/30/2015 9:17:20 AM
ABEL ACOSTA
No. AP-77,038 CLERK
IN THE
COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN, TEXAS
_________________________________________________
US CARNELL PETETAN, JR. AKA CARNELL PETETAN, JR.
APPELLANT
V.
THE STATE OF TEXAS
___________________________________________
AN APPEAL OF A CONVICTION IN
CAUSE NO. 2012-2331-C1
FROM THE 19TH JUDICIAL DISTRICT COURT OF
MCLENNAN COUNTY, TEXAS
____________________________________________
MOTION FOR EXTENSION OF TIME
TO FILE THE STATE’S BRIEF
____________________________________________
ABELINO "ABEL" REYNA STERLING HARMON
Criminal District Attorney Appellate Division Chief
McLennan County, Texas State Bar No. 09019700
219 North 6th Street, Suite 200
Waco, Texas 76701
Tel: (254) 757-5084
Fax: (254) 757-5021
Email:
sterling.harmon@co.mclennan.tx.us
TO THE HONORABLE COURT OF CRIMINAL APPEALS
The State of Texas, moves for an extension of Ninety Days in which
to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is
based upon the following reasonable explanation of the need for additional
time, within the personal knowledge of Sterling Harmon, the attorney
signing this motion, namely:
The State of Texas moves this court to allow an extension of ninety
days to file its Brief. The State’s Brief is due on September 28, 2015. The
State requests that the new deadline be December 28, 2015. This is the
first extension the State has requested.
Appellant in the case at bar has presented twenty-nine points of
error in this appeal of his Capital Murder conviction and sentence of death.
The State’s attorney requires additional time to properly brief the case at
bar as well as to properly address the other pending matters that require
his attention. The additional time sought is not sought frivolously or for
delay, but will be of genuine assistance in preparing the State’s brief.
For the foregoing reasons, the State prays that the Court grant this
Motion and modify and extend the deadline for filing the State’s brief to
December 28, 2015 or that this Court grant such additional time as is just
and proper.
Respectfully Submitted:
ABELINO ‘ABEL’ REYNA
Criminal District Attorney
McLennan County, Texas
//S// Sterling Harmon
STERLING HARMON
Appellate Division Chief
219 North 6th Street, Suite 200
Waco, Texas 76701
Tel: (254) 757-5084
Fax: (254) 757-5021
Email:
sterling.harmon@co.mclennan.tx.us
State Bar No. 09019700
CERTIFICATE OF SERVICE
I certify that I caused to be served a true and correct copy of this
motion by electronic service or email on counsel for Appellant, Richard E.
Wetzel at wetzel_law@1411west.com.
DATE: 9/28/15 //S// STERLING HARMON
STERLING HARMON
Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr.
Combined Opinion