ACCEPTED
06-14-00186-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/16/2015 10:07:46 AM
DEBBIE AUTREY
CLERK
06-14-00186-CR through 06-14-00189
DARRIAN DAVIS-SANDERS, § FILED IN
IN THE COURT OF APPEALS
6th COURT OF APPEALS
Appellant § TEXARKANA, TEXAS
V. § SIXTH JUDICIAL6/16/2015
DISTRICT 10:07:46 AM
§ DEBBIE AUTREY
Clerk
STATE OF TEXAS, § TEXARKANA, TEXAS
Appellee §
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
COMES NOW the State of Texas, by and through her assistant criminal district
attorney and presents this Motion for Extension of Time to File Brief, and in support
thereof would respectfully show the Court the following:
1. The brief in this case was due to be filed on or before June 15, 2015. Due to a
calendaring mistake, counsel for the State erroneously believed the brief in these
cases was due on or before June 16, 2015. There have been no extensions of time
requested by or granted to the State.
2. On June 8, 2015, counsel for the State was required to appear as lead trial counsel
in cause nos. CR-14-25155 through CR-14-25158, each styled State of Texas v.
Michael Edward Winchester, and in cause no. CR-14-25107, the State of Texas v.
Kimberly Mueller Merwin, in the 336th District Court of Fannin County, Texas.
Defendant Winchester is charged with several acts of sexual abuse against his
minor step-daughter. Defendant Merwin is charged with tampering with
Winchester’s victim. Given the nature of the charges, as well as the age and
maturity of the victim and other witnesses in the case, the trials were unusually
cumbersome and time-consuming to prepare. Furthermore, at or shortly before the
trial date, both defendants independently moved for additional time to prepare,
which the trial court granted. Although counsel for the State was not required to
try these cases on June 8, he was nonetheless required to expend considerable
effort in preparing them for trial on that date.
3. The amount of preparation required for the above-described trials, as well as the
expanded workload required of counsel has deprived him of a sufficient
opportunity to review the record in this case and prepare an adequate response to
Appellant’s points of error.
WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully prays
this Court grant its motion and allow the State a 30-day extension of time in which to file
its brief in this matter. The State further requests any and all such additional relief as this
Court may deem just and appropriate.
Dated: June 16, 2015
Respectfully submitted,
/s/ John B. Setterberg
John B. Setterberg
State Bar No. 24043915
Assistant Criminal District Attorney
Fannin County, Texas
101 E. Sam Rayburn Dr., Ste. 301
Bonham, Texas 75418
903-583-7448
903-583-7682 (fax)
CERTIFICATE OF SERVICE
The undersigned hereby represents that a true and correct copy of the foregoing
was delivered to counsel for Appellant by electronic mail and deposit in counsel’s
mailbox in the Criminal District Attorney’s office on this the 16th day of June, 2015.
/s/ John B. Setterberg
John B. Setterberg
Assistant Criminal District Attorney
Fannin County, Texas