Dale Dewayne Fisher v. State

ACCEPTED 06-14-00223-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/5/2015 3:50:02 PM DEBBIE AUTREY CLERK NO. 06-14-00223-CR DALE DEWYANE FISHER § SIXTH COURT FILED IN § 6th COURT OF APPEALS VS. § TEXARKANA, TEXAS OF APPEALS § 6/5/2015 3:50:02 PM THE STATE OF TEXAS § DEBBIEOF STATE AUTREY TEXAS Clerk APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF COMES NOW the State of Texas appellee, and moves this Court pursuant to Tex. R. App. Proc. 10.5 and 38.6 (D) for an extension of thirty (30) day’s or until July 5, 2015, in which to file the appellee’s brief herein. In support, appellee would show the following; 1. Appellant was charged with Possession of a Controlled Substance Listed in Penalty Group One of the Texas controlled Substances Act – With Intent to Deliver – Four Grams or More but Less than 200 Grams in State of Texas v. DALE DEWYANE FISHER, Cause No. 16,741, 115th District Court of Upshur County, Texas. 2. On November 12, 2014, appellant was found guilty and the Jury assessed punishment for Seventy Five (75) Years confinement in the Institutional Division- TDCJ. 3. Notice of appeal was given on November 25, 2014. 5. The Appellee’s brief is due for filing on June 5, 2015. 6. This is the first request for extension of time. 7. Appellee requests an extension until July 5, 2015. 8. Good cause exists for the granting of the motion. Within the past thirty days counsel for the State has undertaken the following matters: A: Counsel was responsible for Grand Jury on Monday, June 1, 2015 – see attached docket. Preparing officers for trial in County Court in Cause Number 37,493, The State of Texas vs. Austin Hunter Little on Tuesday, June 2, 2015. On Wednesday, June 3, 2015 counsel was preparing victims for trial in the 115th District Court in Cause Number 16,607, The State of Texas vs. Alan Wayne Hayden. Thursday, June 4, 2015 counsel was in the 115th District Court – see attached docket. Friday, June 5, 2015 counsel was in the 115th District Court – see attached docket. Counsel has jury selection on Monday, June 8, 2015 on the following cases; Cause Number 16,905, The State of Texas vs. Janet Joiner; Cause Number 16,822, The State of Texas vs. Bobby Burnette; Cause Number 16,887, The State of Texas vs. Jaclyn Lewis; and Cause Number 16,938, The State of Texas vs. Sara Pollak – see attached docket. 9: This motion is not sought for purposes of delay, but so that justice may be done. Therefore, Appellee requests until July 5, 2015, in which to complete her brief. Respectfully submitted, Upshur County Assistant District Attorney Natalie A. Miller 405 N. Titus Gilmer, TX 75644 Tel: (903) 843-5513 Fax: (903) 843-3661 By: /S/ Natalie A. Miller Natalie A. Miller State Bar No. 24079007 CERTIFICATE OF SERVICE A true and correct copy of the foregoing document has been delivered to all counsel of record, on this the 5th day of June, 2015. /S/ Natalie A. Miller Natalie A. Miller