ACCEPTED
12-14-00226-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/9/2015 7:48:03 PM
CATHY LUSK
CLERK
No. 12-14-00226-CR
FILED IN
12th COURT OF APPEALS
In the Court of Appeals TYLER, TEXAS
for the Twelfth Judicial District 2/9/2015 7:48:03 PM
at Tyler, Texas CATHY S. LUSK
Clerk
Jock Dominey,
Appellant
V.
State of Texas,
Appellee
On Appeal From Cause No. 2014-0069 in the 159th
Judicial District Court of Angelina County, Texas
State’s Third Motion for Extension (Unopposed)
To the Honorable Justices of this Court:
Appellee, State of Texas, moves for a 7-day extension of time to file
its brief.
I.
Under the Texas Rules of Appellate Procedure, the general deadline
to file an appellee’s brief is 30 days after the date the appellant’s brief was
filed. Tex. R. App. P. 38.6(b). Appellant’s Brief was filed on November 26,
2014, giving the State until Friday December 26, 2014 to file its brief. A
motion to extend was granted, giving the State until Wednesday January
28, 2015 to file its brief. Another motion to extend was granted giving the
State until February 9, 2015 to file its brief, due to February 7, 2015 being a
Saturday and February 8, 2015 being a Sunday.
The State of Texas now requests a 7-day extension of time in which
to file its brief.
II.
Good cause exists for allowing the State additional time to file its brief
for the following reasons:
1. Counsel for the State was working on and completed three
other briefs during this time-frame in Albro v. State, No. 12-14-00182-CR,
which had already had an extension granted; Johnson v. State, No. 12-14-
00160-CR, and Owens v. State, No. 12-13-00386-CR. Counsel for the
State is also actively working on Finley v. State, No. 12-14-00005-CR
during this same time frame.
2. Counsel for the State had to prepare for a jury trial in State v.
Duron, No. 2014-0323 (2 count aggravated assault with a deadly weapon
case), and State v. Taylor, No. 2014-0145 (4 count aggravated sexual
assault of a child case) one of which was scheduled for jury selection
February 2, 2015 and the other is scheduled for jury selection March 2,
2015. This is in addition to the normal felony criminal docket counsel must
prepare for.
3. Counsel for the Appellant is unopposed to this motion.
III.
From the above-listed reasons, the State has demonstrated that good
cause for the failure to be able to submit its brief by the Court’s deadline.
This is the State’s first motion for extension, and it is not brought for
purposes of delay or harassment, but to see that justice is done.
Wherefore, Appellee State of Texas prays that the Court grant its
requested 7-day extension to file its State’s Brief in this matter.
Respectfully Submitted,
/s/April Ayers-Perez
Assistant District Attorney
Angelina County D.A.’s Office
P.O. Box 908
Lufkin, Texas 75902
(936) 632-5090 phone
(936) 637-2818 fax
State Bar No. 24090975
aperez@angelinacounty.net
Attorney for Appellee
State of Texas
Certificate of Service
I do certify that on February 9, 2015 a true and correct copy of the
above document has been served electronically to John Tunnell, 315 East
Frank Ave., Lufkin, Texas, 75902, attorney for Appellant, Jock Dominey,
through efile.txcourts.gov.
/s/April Ayers-Perez
Certificate of Conference
I certify that on February 9, 2015, I conferred with John Tunnell by
telephone about this motion, and certify that he was unopposed to a 7-day
extension.
/s/April Ayers-Perez