ACCEPTED
03-14-00734-CR
6715966
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/31/2015 9:23:08 AM
JEFFREY D. KYLE
CLERK
N O . 03-14-00734-CR
BRUCE WAYNE HARKEY, I N T H E COURT OF APPEALS
FILED IN
Appellant 3rd COURT OF APPEALS
AUSTIN, TEXAS
8/31/2015 9:23:08 AM
VS. T H I R T E E N T HJEFFREY
DISTRICT D. KYLE
Clerk
THE STATE OF TEXAS,
Appellee A U S T I N , TEXAS
SECOND MOTION FOR E X T E N S I O N OF TIME
T O F I L E APPELLEE'S BRIEF
This motion is presented by the State of Texas, by and through the
undersigned Assistant District Attorney, and in support would show:
L
The brief for the State of Texas, Appellee, is due on August 31, 2015.
II.
The undersigned is solely responsible for all appellate and post-conviction
matters in felony cases on behalf of the State of Texas for the 33'"'^ and the 424*^
Judicial Districts which covers Burnet County, Llano County, Blanco County, and
San Saba County, although Assistant District Attorney Robert Ewing has
volunteered to handle the appeals of the cases in which he was the trial attorney.
The undersigned is also solely responsible for all asset seizure and forfeiture matters
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within these four counties, including investigating and preparing Notice of Seizure
and Affidavit, preparing and responding to discovery, summary judgment
procedures, and trial proceedings. Additionally the undersigned is responsible for
providing assistance and backup to the trial attorneys during trial preparation,
including video and audio conversion and redaction, and during non-trial settings
before the bench when needed. The undersigned assists the office staff on a daily
basis when unusual problems arise and meet with the general public on a drop-in
basis. The undersigned is further solely responsible for responding to Public
Information Act Requests, which has taken a significant amount of time during the
last two months as well as preparing the required paperwork triggered by demands
for trials made under the Interstate Agreement on Detainers Act (IADA) and therein
coordinate with the involved prison authorities and law enforcement and court
personnel. The undersigned also routinely assists law enforcement agencies with
various legal issues.
III.
In this case Appellant raises four issues which are somewhat complex and
require not only substantial research but also meticulous attention to corroborating
details within a lengthy record. While the undersigned has made significant
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headway in preparing the State's Brief, it will take additional time to complete.
Considering all of the existing deadlines, the undersigned will need an additional 45
days to prepare and file the Appellee's Brief in this case. This is the second motion
for extension of time that the State of Texas has sought in this case.
PRAYER
The State o f Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and extend the due date for the
Appellee's Brief to October 16, 2015
Respectfully submitted,
OFFICE OF DISTRICT ATTORNEY
33^^ and 424^^ JUDICIAL DISTRICTS
Wiley B. McAfee, District Attorney
P.O. Box 725
Llano, Texas 78643
Telephone Telecopier
(325) 247-5755 (325) 247-5274
g.bunyard@co.llano.tx.us
^^ry.3^Bunyard
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
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C E R T I F I C A T E OF WORD C O U N T
This is to certify that the pertinent portion of the foregoing document
contains 394 words according to the WordPerfect X7© word count tool.
Assistant District Attorney
C E R T I F I C A T E OF SERVICE
This is to certify that a true copy of the above and foregoing instrument,
together with this proof of service hereof, has been forwarded on the 31st day of
August 2015, to Mr. Richard D . Davis, Attorney for Appellant, by email at
rdd@austin.twcbc.com and by EServe.
Garf^Bunyard
Assistant District Attorney
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