ACCEPTED
09-17-00068-CR
NINTH COURT OF APPEALS
BEAUMONT, TEXAS
12/13/2017 2:20 PM
CAROL ANNE HARLEY
CLERK
NO. 09-17-00068-CR
JOHN WESLEY SMITH * IN THE COURT OF APPEALS
FILED IN
Appellant * 9th COURT OF APPEALS
* BEAUMONT, TEXAS
VS. * NINTH DISTRICT OF12/13/2017
TEXAS 2:20:53 PM
* CAROL ANNE HARLEY
Clerk
THE STATE OF TEXAS, *
Appellee * BEAUMONT, TEXAS
STATE'S MOTION FOR EXTENSION OF TIME
TO FILE STATE'S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW the State of Texas, Appellee, by and through its Assistant
District Attorney of Orange County, Texas, Krispen Walker, and files this State's
Motion for Extension of Time to File Brief, and in support thereof would show the
Court the following:
1. Name of Trial Court: 163rd District Court
Orange County, Texas
2. Trial Court Style: Cause No. B160460-R; STATE OF TEXAS V. JOHN
WESLEY SMITH
3. Offense: Injury to an Elderly Individual
4. Punishment Assessed: Sixty-nine (69) years confinement TDCJ-ID
5. Present Filing Deadline: December 13, 2017
6. Length of extension 30 days
required:
7. Number of previous
extensions: None
8. Good cause of this extension is as follows:
In the past 30 days, Counsel has displaced from her regular office due to
damage to her office caused by Tropical Storm Harvey. In the meantime, Counsel
has continued to manage her docket including multiple hearings including motions
to suppress and open sentencings.
WHEREFORE, premises considered, the undersigned counsel respectfully
files this Motion and moves for the requested extension.
Respectfully submitted,
JOHN D. KIMBROUGH
COUNTY ATTORNEY
/s/ Krispen Walker
KRISPEN WALKER
ASSISTANT COUNTY ATTORNEY
ORANGECOUNTY COURTHOUSE
ORANGE, TEXAS 77630
(409) 883-6764
STATE BAR# 00791870
ATTORNEY FOR THE STATE
CERTIFICATE OF SERVICE
I, Krispen Walker, Assistant County Attorney for Orange County, Texas, do
hereby certify that a true and correct copy of the foregoing State’s Motion for
Extension of Time to File the State’s Brief has been served on the Appellant by
sending a copy to Jamie D. Matuska, 2809 Highway 69 North, Nederland, Texas
77627 on this the 13th day of December, 2017.
/s/ Krispen Walker
KRISPEN WALKER
ASSISTANT DISTRICT ATTORNEY
NO. 09-17-00068-CR
JOHN WESLEY SMITH * IN THE COURT OF APPEALS
Appellant *
*
VS. * NINTH DISTRICT OF TEXAS
*
THE STATE OF TEXAS, *
Appellee * BEAUMONT, TEXAS
ORDER
On this the ____ day of ___________________, 2017, came to be heard the
State’s Motion for Extension of Time to File Brief in the above styled and numbered
cause, and after due consideration of same finding that good cause exists for the
granting of same;
IT IS ORDERED, ADJUDGED and DECREED by the court that the time for
filing State’s brief shall be extended to and including _____________________,
2017.
SIGNED this _____ day of __________________, 2017.
__________________________
JUDGE PRESIDING
John Wesley Smith v. State
Combined Opinion