ACCEPTED
12-14-00189-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/4/2015 9:13:50 AM
CATHY LUSK
CLERK
NO. 12-14-00189-CR
FILED IN
12th COURT OF APPEALS
IN THE TYLER, TEXAS
COURT OF APPEALS 3/4/2015 9:13:50 AM
12TH JUDICIAL DISTRICT CATHY S. LUSK
Clerk
TYLER, TEXAS
TRACY RAY HASS, Appellant
V.
THE STATE OF TEXAS
ON APPEAL IN CAUSE NUMBER
061728
FROM THE 59TH DISTRICT COURT
OF GRAYSON COUNTY, TEXAS
HON. RAYBURN NALL, presiding
STATE’S MOTION FOR EXTENSION OF
TIME TO FILE STATE'S BRIEF
THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, by and through her attorney in the
above entitled and numbered cause, and files this Motion for Extension of
Time in which to file the Appellee's Brief, and would show the following:
I.
Page 1 of 5
The appellant was convicted of Theft of $1,500 or more but less than
$20,000 and Burglary of a Building on March 19, 2014. After the jury found
two enhancement paragraphs true, the appellant was sentenced to 10
years in prison on each count.
The appellant filed his brief on August 14, 2014. THE APPELLANT
DID NOT SERVE A COPY OF THE BRIEF ON THE STATE. Further, the
notice of electronic filing by this court went to the spam filter on our email
system. The State’s brief was due on September 15, 2014. This case is
set for submission on March 24, 2015.
II.
The State now makes her first request for an extension of time in
which to file the State’s Brief.
III.
The facts relied upon to reasonably explain the need for an extension
of time are as follows:
Page 2 of 5
1. This attorney is the sole attorney responsible for post-
conviction litigation in the Grayson County Criminal District
Attorney’s office. The case was tried by an attorney/attorneys
other that this attorney.
2. THE APPELLANT FAILED TO SERVE A COPY OF THE
BRIEF ON THE STATE. The electronic notice sent by this
court to let us know that the appellant’s brief had been efiled
was sent to the spam filter for our email system. THE STATE
WAS UNAWARE OF IT’S DEADLINE TO FILE THE STATE’S
BRIEF IN THIS CASE UNTIL NOTICE OF SUBMISSION WAS
EMAILED TO OUR OFFICE ON MARCH 4, 2015.
Wherefore, premises considered, the State requests this motion
for extension of time be granted and that the Court extend the time for the
filing of the State’s Brief to MARCH 20, 2015.
/s/ _______________
ATTORNEY FOR THE STATE
KARLA BAUGH HACKETT
ASST. CRIMINAL DISTRICT ATTORNEY
GRAYSON COUNTY, TEXAS
200 S. CROCKETT
SUITE 100
Page 3 of 5
SHERMAN, TEXAS 75090
903/ 813-4361
903/ 892-9933 (FAX)
STATE BAR NO. 01923400
Page 4 of 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above MOTION
FOR EXTENSION OF TIME TO FILE STATE'S BRIEF has this day been
delivered to the attorney for the Appellant, in accordance with the laws of
the State of Texas.
SIGNED MARCH 4, 2015.
/s/ _______________
ATTORNEY FOR THE STATE
KARLA BAUGH HACKETT
ASST. CRIMINAL DISTRICT ATTORNEY
GRAYSON COUNTY, TEXAS
Page 5 of 5
Tracy Ray Hass v. State
Combined Opinion