ACCEPTED
05-14-00919-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
4/23/2015 9:30:23 AM
LISA MATZ
CLERK
NO. 05-14-00919-CR
FILED IN
5th COURT OF APPEALS
IN THE DALLAS, TEXAS
COURT OF APPEALS 4/23/2015 9:30:23 AM
5TH JUDICIAL DISTRICT LISA MATZ
Clerk
DALLAS, TEXAS
ROBERT JAMES GRAY, JR., Appellant
V.
THE STATE OF TEXAS
ON APPEAL IN CAUSE NUMBER
062757
FROM THE 15TH DISTRICT COURT
OF GRAYSON COUNTY, TEXAS
HON. JAMES R. FRY, presiding
STATE’S MOTION TO POSTPONE ORAL ARGUMENT
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.
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The appellant was convicted of Murder on July 3, 2014 and the
appellant was sentenced to 90 years in prison with a Deadly Weapon
finding and a finding of “True” on one prior conviction.
The appellant filed his brief on January 5, 2015. The appellant filed
two motions for extension in this case. The State’s brief, after one
extension, was filed on March 2, 2015. The appellant’s reply brief was filed
March 22, 2015.
Oral argument and submission in this case has been scheduled for
May 19, 2015.
II.
The State now makes her first request to postpone oral argument.
III.
The facts relied upon to reasonably explain the need for an extension
of time are as follows:
1. This attorney is the sole attorney responsible for post-
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conviction litigation in the Grayson County Criminal District
Attorney’s office. The case was tried by an attorney/attorneys
other that this attorney.
2. This attorney has a pre-paid, non-refundable trip out of the
country scheduled for May 14, 2015 to May 21, 2015.
3. Defense Counsel, John Hunter Smith was contacted and
advised of the State’s scheduling issue, and does not oppose
postponing oral argument.
Wherefore, premises considered, the State requests this motion
postpone oral argument be granted and that the Court reset oral argument
and submission for some time after May 21, 2015.
/s/ _______________
ATTORNEY FOR THE STATE
KARLA BAUGH HACKETT
ASST. CRIMINAL DISTRICT ATTORNEY
GRAYSON COUNTY, TEXAS
200 S. CROCKETT
SUITE 100
SHERMAN, TEXAS 75090
903/ 813-4361
903/ 892-9933 (FAX)
STATE BAR NO. 01923400
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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 APRIL 22, 2015.
/s/ _______________
ATTORNEY FOR THE STATE
KARLA BAUGH HACKETT
ASST. CRIMINAL DISTRICT ATTORNEY
GRAYSON COUNTY, TEXAS
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