Christopher Wiley v. State

ACCEPTED 12-14-00126-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/6/2015 4:18:15 PM CATHY LUSK CLERK NUMBER 12-14-00126-CR CHRISTOPHER WILEY § IN THE COURT OFFILED IN APPEALS 12th COURT OF APPEALS § TYLER, TEXAS v. § 12TH JUDICIAL DISTRICT 2/6/2015 4:18:15 PM § CATHY S. LUSK Clerk THE STATE OF TEXAS § TYLER, TEXAS STATE’S FIRST MOTION FOR EXTENSION AND FOR LATE FILING OF BRIEF TO THE HONORABLE COURT OF APPEALS: Comes now the State of Texas and presents its first motion for an extension of time and for late filin of its rrief in the aroee-captioned cause, showin the followin facts and circumstances in support: A. The case was ori inally disposed of ry a jury trial in the 241st District Court of Smith County, Texas, the Honorarle Jack Skeen Jr. presidin . B. The trial court cause numrer was 241-1239-13, and the case was styled The State of Texas v. Christopher Wiley. C. The jury found appellant uilty of the offense of murder as char ed in the indictment and assessed his punishment at confinement for life in the Texas Department of Criminal Justice—Institutional Dieision and a $10,000 fine. D. Appellant filed his rrief on 7 January 2015. The State’s Brief is due to re filed in this Court on or refore 6 Ferruary 2015. E. There haee reen two extensions of time ranted for the filin of appellant’s rrief and no preeious extensions requested ry or ranted to the State. F. Pursuant to Rules 2, 10.5(r), and 38.6(d) of the Texas Rules of Appellate Procedure, the State is seekin the Court’s indul ence on an extension of fourteen (14) days in order to allow the State an opportunity for timely filin its rrief on or refore 20 Ferruary 2015. G. The facts relied on to support this request are as follows: I, Aaron Rediker, the undersi ned Assistant Criminal District Attorney, am one of the two attorneys assi ned to the Appellate Dieision of the Smith County District Attorney’s Office. After receiein appellant’s rrief, I haee had to take my attention away from the case to work on the followin appellate and hareas matters: 1. Rahman v. State, No. 12-14-00225-CR, State’s Brief due 23 Ferruary 2015. 2. Ex parte Cornelio, Cause Numrer 241-0929-12-A, State’s supplemental answer filed 6 Ferruary 2015. 3. Spears v. State, No. 12-14-00163, State’s Brief filed 4 Ferruary 2015. 4. Browning v. State, No. 12-14-00179-CR, States Brief filed 12 January 2015. 5. Ex parte Rosales, Cause Numrers 241-0232-00, 241-81580-99, 241- 81581-99, 241-81582-99, 241-81583-99, and 241-81584-99, on oin hareas proceedin s—next eeidentiary hearin set for 20 March 2015. 6. Ex parte Warthsaw, Cause Numrers 114-0116-12-A and 114-0117-12-A, State’s desi nations filed 18 Decemrer 2014. H. In addition to the cases listed aroee, I am re ularly called upon to research issues arisin at trial, answer questions from law enforcement, and to represent the State in eeidentiary hearin s on applications for writs of hareas corpus. 2 I. Therefore, this motion is not rein filed for purposes of delay, rut to allow the State to timely respond to the ar uments in appellant’s rrief. The State has a reat interest in affirmin the jud ment of the 241st District Court in this case. J. All facts recited in this motion not within the record or the Court’s knowled e in its official capacity are within the personal knowled e of the undersi ned attorney, and a eerification is therefore not required under Rule 10.2 of the Texas Rules of Appellate Procedure. WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Court rant the fore oin motion and extend the time for filin its rrief to 20 Ferruary 2015. Respectfully surmitted, D. MATT BINGHAM Criminal District Attorney Smith County, Texas /s/ Aaron Rediker Aaron Rediker Assistant District Attorney SBOT #: 24046692 100 North Broadway, 4th Floor Tyler, Texas 75702 Office: (903) 590-1720 Fax: (903) 590-1719 (fax) arediker@smith-county.com 3 CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersi ned attorney certifies that the word count for this document is 531 words as calculated ry Microsoft Word 2010. /s/ Aaron Rediker Aaron Rediker CERTIFICATE OF SERVICE On 6 Ferruary 2015, a le irle copy of the fore oin motion was sent ry email to Austin R. Jackson, attorney for appellant, at jlawappeals@ mail.com. /s/ Aaron Rediker Aaron Rediker 4