PD-0832-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
November 23, 2015 Transmitted 11/23/2015 11:16:16 AM
Accepted 11/23/2015 11:52:25 AM
NO. PD-0832-15 ABEL ACOSTA
CLERK
IN THE
TEXAS COURT OF CRIMINAL APPEALS
AT AUSTIN
THE STATE OF TEXAS,
Appellant
VS.
JAMES ALAN JENKINS,
Appellee
ON DISCRETIONARY REVIEW FROM THE
COURT OF APPEALS FOR THE
FOURTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS
AT HOUSTON
CASE NUMBER 14-13-00662-CR
APPELLEE'S UNOPPOSED MOTION TO EXTEND TIME
WITHIN WHICH TO FILE APPELLEE'S REPLY BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES, JAMES ALAN JENKINS, appellee in the above-styled and
numbered cause, by and through his attorney of record, George McCall Secrest, Jr.,
and pursuant to Rules 10.5(b) and 38.6(d), Tex. R. App. P., files this Unopposed
Motion to Extend Time Within Which to File Appellee's Reply Brief, and for cause
would show the Court as follows:
(1) The Fourteenth Court of Appeals in Cause No. 14-13-00662-CR reversed
the judgment and conviction in Cause Number 12-03-02579-CR, a case styled the
State of Texas v. James Alan Jenkins, which arose out of a prosecution in the 359th
Judicial District Court of Montgomery County, Texas, for allegedly violating the
Election Code.
(2) The Court of Criminal Appeals granted the State's Petition for
Discretionary Review on September 16, 2015.
(3) The State sought an unopposed extension of time within which to file its
brief which was granted by this Court and the brief was filed on November 2,2015.
(4) The Appellee's Reply Brief is due to be filed on December 2, 2015.
(5) The Appellee requests a thirty (30) day extension of time from that date
within which to file his brief to January 1, 2016.
(6) This request for an extension is the first that Appellee has sought and he
represents to this Court that no further requests for an extension will be sought.
(7) Appellant's counsel, Mr. Jon R. Meador, Assistant Attorney General, does
not oppose this request.
(8) This request for an extension is sought in order to thoroughly address and
respond to the Appellant's contentions (which it acknowledges have changed since
the reversal of the judgment by the Court of Appeals) and to provide this Court an
exhaustive analysis of the decisions of the Court of Appeals and the relevant
decisional law. This request is not sought for purposes of delay.
(9) The undersigned counsel has been actively involved in the representation
of other clients in pending state court criminal actions, an on-going federal
investigation, and has participated in an evidentiary hearing since the State's Brief
was filed.
WHEREFORE, PREMISES CONSIDERED, appellee respectfully requests
that this motion be granted and that the Court permit an extension of time to file
Appellee's Reply to the State's Brief until January 1, 2016.
Respectfully submitted,
GEORGE McCALL SECREST, JR.
State Bar No.17973900
BENNETT & SECREST, PLLC
808 Travis Street, 24th Floor
Houston, Texas 77002
(713) 757-0679
(713) 650-1602 (FAX)
Email: gmsecrest@aol.com
Attorney for Appellant,
JAMES ALAN JENKINS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Appellee's
Unopposed Motion to Extend Time Within Which to File Appellee's Reply Brief has
been delivered to Mr. Jon R. Meador, Assistant Attorney General, 300 W. 15 Street,
Austin, Texas, 78701, and to the Honorable Lisa C. McMinn, State Prosecuting
Attorney, P.O. Box 13046, Austin, Texas 78711, via United States Mail, on this 23rd
day of November, 2015.
GEORGE McCALL SECREST, JR.
^•"' / \
\