ACCEPTED
12-15-00039-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/7/2015 6:33:56 PM
Pam Estes
CLERK
Cause No. 12-15-00039-CR
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
In the Court of Appeals for the
12/7/2015 6:33:56 PM
Twelfth Judicial District at Tyler, Texas PAM ESTES
Clerk
Taurus Jenkins,
Appellant
v.
State of Texas,
Appellee
On Appeal from Cause No. 2014-0191 in the 159th
Judicial District Court of Angelina County, Texas
State’s Second Motion for Extension (Unopposed)
To the Honorable Justices of this Court:
Appellee, State of Texas, moves for a 14-day extension of time to file its
brief.
I.
Undre the Texas Rules of Appellate Procedure, the general deadline to file
an appellee’s brief is 30 days after the date the appellant’s brief was filed. Tex. R.
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App. P.38.6(b). Appellant’s Brief was filed on October 7, 2015, giving the State
until Friday November 6, 2015 to file its brief. On Thursday November 12, 2015
the State was granted a 30-day extension of time in which to file its brief, giving
the State until Monday December 7, 2015 to file its brief.
The State of Texas now requests a 14-day extension of time in which to file
its brief.
II.
Good cause exists for allowing the State additional time to file its brief for
the following reasons:
1. Counsel for the State suffered a broken leg and broken ankle on
November 2, 2015 which required surgery on November 10, 2015. Counsel for the
State has been out of work since Monday November 2, 2015 and is not medically
cleared to return to work until, at the earliest, December 14, 2015.
2. Counsel for the State has been working part-time from home to
prepare various felony cases for a variety of hearings. Most notably, Counsel for
the State has been preparing and reviewing discovery for a three defendant
engaging in organized criminal activity case involving over a thousand hours of
video and audio that was set for jury selection on January 4, 2015 in the 159th
Judicial District Court.
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3. Counsel for the State has completed over half of the State’s Brief as
well as actively working on Stanford Jones v. State, Cause No.: 12-15-00157-CR.
4. Counsel for the Appellant is unopposed to this extension.
III.
From the above-listed reasons, the State has demonstrated that good cause
for the failure to be able to submit its brief by the Court’s deadline. This is the
State’s first motion for extension, and it is not brought for purposes of delay or
harrassment, but to see that justice is done.
Wherefore, Appellee State of Texas prays that the Court grant its requested
14-day extension to file its State’s Brief in this matter.
Respectfully Submitted,
/s/ April Ayers-Perez
Assistant District Attorney
Angelina County D.A.’s Office
P.O. Box 908
Lufkin, Texas 75902
(936) 632-5090 phone
(936) 637-2818 fax
State Bar No. 24090975
ATTORNEY FOR THE
STATE OF TEXAS
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Certificate of Service
I certify that on December 7, 2015, a true and correct copy of the above
document has been forwarded to Al Charanza, by electronic service through
efile.txcourts.gov.
/s/ April Ayers-Perez
Certificate of Conference
I certify that on December 7, 2015, I conferred with Al Charanza about this
motion, and certify that he was unopposed to a 14-day extension.
/s/ April Ayers-Perez
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