ACCEPTED
06-15-00120-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/6/2015 9:08:06 AM
DEBBIE AUTREY
CLERK
FILED IN
6th COURT OF APPEALS
NO. 06-15-00120-CR TEXARKANA, TEXAS
11/6/2015 9:08:06 AM
DEBBIE AUTREY
Clerk
IN THE SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
______________________________________________________________________________
Trial Court Case No: 14-153-CR
From the 87th Judicial District Court
Freestone County, Texas
PATRICK DEMON STEWART
APPELLANT
V.
THE STATE OF TEXAS
APPELLEE
______________________________________________________________________________
STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
_____________________________________________________________________________
Christopher E. Martin
County/District Attorney for Freestone County
By: Cari Warner
Assistant County Attorney
118 E. Commerce, Suite 305
Fairfield, Texas 75840
Telephone: (903) 389-3977
Facsimile: (903) 389-5289
SBN: 24085690
Email: cari.heinen@co.freestone.tx.us
November 6, 2015
IN THE SIXTH COURT OF APPEALS
PATRICK DEMON STEWART
Appellant
v.
THE STATE OF TEXAS
Appellee
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, Appellee, moves for an extension of SIXTY (60) days in which
to file Appellee’s Brief, pursuant to TEX. R. APP. P. 10.5 and shows:
I.
Pursuant to TEX. R. APP. P.10.5, THE STATE OF TEXAS, moves this Court to allow an
extension of SIXTY (60) days to file Appellee’s Brief. Appellant’s brief was filed on or about
October 9, 2015.
II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE
PROCEDURE
A. The deadline for filing the brief: TEX. R. APP. P. 10.5(b)(1)(A): November 9, 2015.
B. The length of extension sought. TEX. R. APP. P. 10.5(b)(1)(B): Sixty (60) days.
The facts relied upon to reasonably explain the need for the extension. TEX. R. APP. P.
10.5(b)(1)(C):
The State’s attorney is the Assistant County Attorney working in a two-attorney office.
This office and its attorneys are engaged in a very large amount of cases including
upcoming multiple criminal trials. Both attorneys in the office will be participating in
the upcoming trials. As well, both attorneys were involved in a Capital Murder trial
State’s Motion for Extension of Time Page 2
starting October 19, 2015 and ending October 30, 2015. The State’s Attorney needs
this extension to adequately and sufficiently brief the matters before this Court.
C. Number of previous extensions granted. TEX. R. APP. P. 10.5(b)(1)(D): None for the
State.
III.
The additional time requested is not sought solely for delay, nor sought frivolously, but
will be of assistance to the State’s attorney in preparing State’s brief.
PRAYER
WHEREFORE, PREMISES CONSIDERED, The State of Texas requests that this
Honorable Court grant this Motion and extend the deadline for filing Appellee’s brief for sixty
(60) days, or that this Court grant such additional time as is just and proper.
Respectfully Submitted,
Christopher E. Martin
County/District Attorney
Freestone County
By:
/s/ Cari Warner
____________________________________
Cari Warner
Assistant County Attorney
Freestone County, Texas
118 E. Commerce, Suite 305
Fairfield, Texas 75840
Telephone: (903) 389-3977
Facsimile: (903) 389-5289
SBN: 24085690
Email: cari.heinen@co.freestone.tx.us
State’s Motion for Extension of Time Page 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the State’s Brief was
transmitted via EMAIL to Appellant’s Counsel, Stan Schwieger, at wacocrimatty@yahoo.com, on
November 6, 2015.
/s/ Cari Warner
____________________________________
Cari Heinen
Assistant County Attorney
State’s Motion for Extension of Time Page 4
Patrick Demon Stewart v. State
Combined Opinion