ACCEPTED
09-17-00149-CR
NINTH COURT OF APPEALS
BEAUMONT, TEXAS
12/13/2017 3:38 PM
CAROL ANNE HARLEY
CLERK
NO. 09-17-00149-CR
JERROLD JOSEPH WINWARD § IN THE COURT OF APPEALS
FILED IN FOR
9th COURT OF APPEALS
§ BEAUMONT, TEXAS
V. § THE NINTH DISTRICT OF TEXAS,
12/13/2017 3:38:04 PM
§ CAROL ANNE HARLEY
Clerk
THE STATE OF TEXAS § AT BEAUMONT, TEXAS
____________________________________________________
STATE’S MOTION FOR FILED IN
9th COURT OF APPEALS
EXTENSION OF TIME TO FILE BRIEF BEAUMONT, TEXAS
____________________________________________________
12/13/2017 3:38:04 PM
CAROL ANNE HARLEY
TO THE HONORABLE JUSTICES OF THE COURT OF Clerk
APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district
attorney, and moves the Court for an extension of time to file its appellate brief in the
above-captioned cases. The State would respectfully show the Court the following:
1. On April 7, 2017, the appellant entered a plea of guilty of driving while
intoxicated-subsequent offense and the court assessed his punishment at
imprisonment for twelve years.
2. On April 7, 2017, the appellant filed notice of appeal.
3. On November 13, 2017, the appellant filed his brief in this Court.
4. The State’s brief is due December 13, 2017.
5. The State has not previously requested an extension of time to file its
brief.
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6. The State hereby requests a 30-day extension of time to file its brief, until
January 12, 2017.
7. Good cause exists for the requested extension of time, for the following
reasons:
In the past thirty days, the undersigned counsel for the State has
been required to prepare and file the State’s brief in Ex parte Elizabeth
Ann Garrels, No. PD-0710-17; the State’s answer to application for
post-conviction writ of habeas corpus in Ex parte Nicole Nadra
Baukus, Cause No. 12-06-07085-CR-(1); and the State’s brief in Galen
Dwayne Baugus v. The State of Texas, Cause No. 09-16-00495-CR.
Further, the undersigned counsel is assigned to represent the
State in Montgomery County’s misdemeanor expunction cases, and has
been required to attend to duties pursuant to that assignment.
Further, our office was closed November 23rd and 24th for the
Thanksgiving holiday.
Consequently, counsel has not had sufficient time to prepare an
adequate State’s brief in this case.
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THEREFORE, the State requests an extension of time to file its brief until
January 12, 2017, in this case.
Respectfully submitted,
BRETT W. LIGON
District Attorney
Montgomery County, Texas
/s/ Brent Chapell
BRENT CHAPELL
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 24087284
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
E-mail:brent.chapell@mctx.org
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion is being
sent by e-mail to Heather E. Hoblit, attorney for the appellant, at
h.e.hoblit@hoblitlaw.com, on the date of the filing of the original with the Clerk of
this Court.
/s/ Brent Chapell
BRENT CHAPELL
Assistant District Attorney
Montgomery County, Texas
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