ACCEPTED
03-15-00231-CR
6989867
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/18/2015 11:27:47 AM
JEFFREY D. KYLE
CLERK
N O . 03-15-00231-CR
J O N A T H A N LEE FEHR § I N T H E COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
Appellant
9/18/2015 11:27:47 AM
JEFFREY D. KYLE
VS. § THIRD DISTRICT Clerk
THE STATE OF TEXAS,
Appellee § A U S T I N , TEXAS
FIRST 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:
I.
The brief for the State of Texas, Appellee, is due on September 18, 2015.
11.
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. The undersigned is also solely responsible for all asset seizure
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and forfeiture matters within these four counties, including investigating and
preparing Notice o f Seizure and Affidavit, preparing and responding to discovery,
summary judgment procedures, and trial proceedings. Additionally the
undersigned is responsible for responding to all Public Information Act requests and
for providing assistance and backup to the trial attorneys during trial preparation and
during non-trial settings before the bench when needed. The undersigned has
been heavily occupied in preparing the State's brief for No. 03-14-00734-CR styled
Bruce Wayne Harkey vs. The State of Texas, a non-death capital murder case
involving highly detailed and complex issues. The State's brief in the Harkey case
is due on October 16, 2015.
III.
In this case Appellant raises two issues which are somewhat complex and will
require substantial research. While the undersigned has yet been unable to review
the trial record and the cases cited by Appellant in order to begin preparing the
State's brief. Considering all of the existing deadlines, the undersigned will need
an additional 60 days to prepare and file the Appellee's Brief in this case. This is the
first motion for extension of time that the State of Texas has sought in this case.
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PRAYER
The State of 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 November 18, 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
Gary Bun^^
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
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 o f this brief contains 320 v^ords
printed in Aldine401BT 14 font according to the WordPerfect™ X7 word count tool.
77 ^
GaryWfBunyaitf'^
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CERTIFICATE 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 18* day of September
2015, to Mr. Justin Bradford Smith, Attorney for Appellant, by email and EServe.
Assistant District Attorney
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