ACCEPTED
06-15-00037-cr
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
5/6/2015 10:52:54 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT REQUESTED
CAUSE NO. 06-15-00037-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 5/6/2015 10:52:54 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
THE STATE OF TEXAS, Appellant
V.
ERICA LYNN FULLER, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 25545; HONORABLE ERIC CLIFFORD, JUDGE
____________________________________________________________
APPELLANT’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Gary D. Young, County and District Attorney
Lamar County and District Attorney’s Office
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
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ORAL ARGUMENT REQUESTED
CAUSE NO. 06-15-00037-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
THE STATE OF TEXAS, Appellant
V.
ERICA LYNN FULLER, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 25545; HONORABLE ERIC CLIFFORD, JUDGE
____________________________________________________________
APPELLANT’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through Gary D. Young, the
elected County and District Attorney of Lamar County, Texas and the Lamar
County and District Attorney’s Office, respectfully submits this Motion to
Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of
Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
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for an extension of time in which to file the Appellant’s (State’s) Brief upon
good cause shown below.
I.
On or about April 6, 2015, the official court reporter filed the
Reporter’s Record in the above-styled and numbered cause. The appellant’s
brief is, therefore, due on or before Wednesday, May 6, 2015.
This motion to extend time seeks an additional thirty (30) days for the
State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 25545.
Previously, this Court denied the State’s petition for writ of mandamus
in an original proceeding that was brought in this Court earlier this year.
See In re The State of Texas, No. 06-15-00018-CR (Tex. App.--Texarkana
February 11, 2015, orig. proceeding) (mem. op., not designated for
publication).
III.
The present deadline for filing the appellant’s (State’s) brief is
Wednesday, May 6, 2015. Since the filing of the Reporter’s Record on
April 6, 2015, counsel for appellant (State) was preparing the brief in cause
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number 06-14-00172-CR styled Gerald Mac Lowrey v. The State of Texas in
the Sixth Court of Appeals at Texarkana. That brief was due to be filed on
the same day as the appellant’s brief in the above-styled and numbered
cause.
In addition to the brief in the Lowrey appeal, counsel for the appellee
(State) had criminal dockets, including a jury-trial setting beginning on
Monday, April 6th, in cause number 25827 styled The State of Texas v. Stacy
Littlejohn in the 6th District Court of Lamar County, which required several
days getting ready for the jury trial that started on April 9, 2015. In addition
to that jury trial, counsel for the appellee (State) had a grand jury scheduled
for April 9th. Finally, counsel for the appellee (State) had a revocation
hearing set for April 15th in cause number 25684 styled The State of Texas v.
Zachary Patridge in the 6th District Court of Lamar County. On April 20th,
counsel for the appellant (State) had a docket for motions to revoke and plea
bargains. On April 21st, counsel for the appellant (State) had arraignments
and pre-trial docket. On April 22nd, counsel for the appellant (State)
selected a jury in cause numbers 25636, 25637 styled The State of Texas v.
Glenn Rundles in the Sixth Judicial District Court of Appeals of Lamar
County. On April 23rd, counsel for the appellant (State) had a plea hearing
as a special prosecutor in Hopkins County. Then beginning on May 4th,
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counsel for the appellant (State) had to get ready for a jury trial in The State
of Texas v. Eusebio Delarosa, which was eventually resolved by a plea
bargain. On May 5th, counsel for the appellant (State) began the jury trial in
the Rundles case, which was mentioned above.
Due to these circumstances, counsel for the appellant (State) was
unable to complete the research necessary to prepare the brief in this
appellate cause, thus necessitating this request for an extension of time.
Insufficient time now remains to complete Appellee’s Brief, but, if the time
is extended another thirty (30) days to Monday, June 8, 2015, the State will
have sufficient time for completion with the time as extended.
V.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until
Monday, June 8, 2015 be granted for the filing of Appellee’s Brief, or until
such time as this Court deems appropriate.
WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
Court grant the State’s Motion to Extend Time to File Its Brief in its entirety
and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Monday, June 8, 2015, or until such time as this Court
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deems appropriate; and for such other and further relief, both at law and in
equity, to which it may be justly and legally entitled.
Respectfully submitted,
Gary D. Young
Lamar County & District Attorney
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
By:________________________________
Gary D. Young, County Attorney
SBN# 00785298
ATTORNEYS FOR STATE OF TEXAS
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally
appeared Gary D. Young, who after being duly sworn stated:
I am the attorney representing the Appellee in the above-styled
and numbered appellate cause. I have read the foregoing
Motion to Extend Time to File Appellant’s Brief and the facts
and allegations contained are known to me and they are true
and correct to the best of my knowledge.
_____________________________
Gary D. Young
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SUBSCRIBED AND SWORN TO BEFORE ME on the 6th day of
May, 2015, to certify which witness my hand and official seal.
_________________________________
Notary Public, State of Texas
CERTIFICATE OF SERVICE
This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the “Appellant’s (State’s) Motion to Extend Time for Filing Brief
has been served on the 6th day of May, 2015 upon the following:
James R. Rodgers
The Moore Law Firm, L.L.P.
100 North Main Street
Paris, TX 75460-4222
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
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