ACCEPTED
06-15-00108-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/23/2015 11:00:39 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00108-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 12/23/2015 11:00:39 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ALEXANDER NATHANIEL BRENES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814;
HONORABLE WILLIAM H. HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) SECOND
MOTION TO EXTEND TIME TO FILE
BRIEF
____________________________________________________________
Gary D. Young
Lamar County and District Attorney
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
1
CAUSE NO. 06-15-00108-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ALEXANDER NATHANIEL BRENES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814;
HONORABLE WILLIAM H. HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S)
SECOND MOTION TO EXTEND
TIME TO FILE 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 Second
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
2
Procedure for an extension of time in which to file the Appellee’s (State’s)
Brief upon good cause shown below.
I.
On or about October 20, 2015, the appellant, Alexander Nathaniel
Brenes (Brenes) filed his brief in the above-styled and numbered cause.
The appellee’s (State’s) brief was then due on November 19th, but the State
moved for, and this Court granted, an extension until December 18, 2015.
At the time of the filing of this motion, the appellee’s (State’s) brief is
currently past due, but the State seeks an additional five (5) days to file its
brief on December 23, 2015.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 23814.
III.
On or about June 25, 2015, the appellant (Brenes) filed his notice of
appeal in this Court. By electronic filing or about August 25th, the District
Clerk of Lamar County filed the Clerk’s Record. The official court reporter
filed the Reporter’s Record on or about August 31, 2015. On or about
September 14, 2015, the District Clerk filed a supplemental Clerk’s Record.
The appellant (Brenes) filed a motion to extend time to file his brief,
3
which this Court granted on or about September 15, 2015. The appellant
then filed his brief on October 20, 2015.
IV.
Since November 19th, counsel for the appellee (State) had the
Thanksgiving holidays (November 26th and November 27, 2015) and was
preparing the appellee’s (State’s) brief in cause numbers 06-15-00074-CR
and 06-15-00075-CR styled Glenn Edwin Rundles v. The State of Texas in
the Sixth Judicial District Court of Appeals at Texarkana, which was filed on
or about December 1, 2015. In addition to the Rundles brief, counsel for
the State was preparing the appellee’s (State’s) brief in cause number
06-15-00023-CR styled Jessica Boyett v. The State of Texas, which was
subsequently filed on Friday, December 4, 2015 (now set for submission on
December 30, 2015).
During the following week beginning on December 7th, counsel for
the State had criminal dockets, and was preparing for those dockets, which
included grand jury and docket for status conferences on December 10,
2015. Beginning on Monday, December 14th, counsel for the State had a
hearing on a motion to set reasonable bail in cause number 26400 styled The
State of Texas v. Rory Hicks and a pre-trial hearing in cause number 26338
styled The State of Texas v. Christian Sims in the Sixth Judicial District
4
Court of Lamar County. On December 15th, counsel for the State had
revocation hearings in cause numbers 24882, 23522, 24825 and 25262 in the
Sixth Judicial District Court of Lamar County. Afterwards, counsel for the
State was preparing for an arraignment and plea bargain docket that was
scheduled for December 22, 2015.
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 second request for an extension of
time. However, counsel for the State has completed the brief and
respectfully requests this Court to extend the time a short period of five (5)
days from December 18th to December 23, 2015.
V.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. As the appellee, the State requests that an extension of
time until Wednesday, December 23, 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 Second Motion to Extend Time to File Its Brief in its
entirety and grant the State of Texas an additional five (5) days in which to
5
file its brief on or before Wednesday, December 23, 2015; 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
6
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
Second Motion to Extend Time to File Appellee’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
STATE OF TEXAS §
COUNTY OF LAMAR §
Subscribed and sworn to before me by Gary D. Young on this the 23rd
day of December, 2015, to certify which witness my hand and seal of office.
_____________________________
Notary Public, State of Texas
7
CERTIFICATE OF SERVICE
This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the “Appellee’s (State’s) Second Motion to Extend Time for Filing
Brief has been served on the 23rd day of December, 2015 upon the
following:
Michael Mowla
Michael Mowla, PLLC
P.O. Box 868
Cedar Hill, TX 75106-0868
michael@mowlalaw.com
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
8