Isbell, John B.

PD-0469&0470&0471&0472-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/16/2015 12:13:11 PM October 16, 2015 Accepted 10/16/2015 12:34:09 PM ABEL ACOSTA IN THE CLERK COURT OF CRIMINAL APPEALS JOHN B. ISBELL, § APPELLANT § V. § NO. PD-0469-15 § THE STATE OF TEXAS, § APPELLEE § STATE’S MOTION TO EXTEND TIME TO FILE BRIEF ON THE MERITS COMES NOW the State of Texas, by and through Sharen Wilson, the Tarrant County Criminal District Attorney and files this motion to extend the time to file the State’s Brief on the Merits. I. On September 16, 2015, this Court granted the State’s Petition for Review of a decision by the Second Court of Appeals in Isbell v. State, No. 02-14-00124(-127)-CR, 2015 WL 1407749 (Tex. App.—Fort Worth March 26, 2015) (mem op., not designated for publication). II. The current deadline for filing the State's brief is October 16, 2015. The State now requests an extension of 30 days (until November 16, 2015) to file the State’s brief. The State has not previously requested an extension of time to file this brief. 1 III. This extension is not for the purposes of delay, but rather so that undersigned counsel may adequately set forth the State’s position in its grounds for review. The undersigned has been working not only on this brief, but on the State’s reply briefs in Ervin v. State, No. 08-15-00025-CR and Davis Logan v. State, No. 02-15-00140-CR. Wherefore, the State prays that the Court grant an extension of 30 days to November 16, 2015 for filing the State’s brief on the merits. 2 Respectfully submitted, SHAREN WILSON Criminal District Attorney Tarrant County, Texas DEBRA WINDSOR Assistant Criminal District Attorney Chief, Post-Conviction Tarrant County, Texas /s/ James Gibson_____________ JAMES GIBSON, Assistant Criminal District Attorney 401 W. Belknap Street Fort Worth, Texas 76196-0201 (817) 884-1687 FAX (817) 884-1672 State Bar No. 00787533 COAAppellateAlerts@TarrantCounty.com CERTIFICATE OF SERVICE A copy of the State's Motion to Extend Time to File Brief on the Merits has been e-served to opposing counsel, the Hon. Barry G. Johnson, Barrygj@aol.com, 2821 E. Lancaster, Fort Worth, Texas 76103, on October 16, 2015. /s/ James Gibson JAMES GIBSON H:\GIBSON.G17\MOTIONS\Isbell; ext to file pdr.docx 3