Dywane Jermain Morgan v. State ( 2017 )

ACCEPTED
06-17-00165-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/5/2017 12:12 PM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-17-00165-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 12/5/2017 12:12:38 PM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
___________________________________________________________
DYWANE JERMAIN MORGAN., Appellant
V.
THE STATE OF TEXAS, Appellee
___________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
RED RIVER COUNTY, TEXAS; HONORABLE WES TIDWELL;
TRIAL COURT NO. CR02253
___________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Val J. Varley, County and District Attorney
Red River County and District Attorney’s Office
Red River County Courthouse
400 North Walnut Street
Clarksville, Texas 75426-4012
(903) 427-2009
(903) 427-5316 (Fax)
ATTORNEYS FOR THE STATE OF TEXAS
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CAUSE NO. 06-17-00165-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
___________________________________________________________
DYWANE JERMAIN MORGAN., Appellant
V.
THE STATE OF TEXAS, Appellee
___________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
RED RIVER COUNTY, TEXAS; HONORABLE WES TIDWELL;
TRIAL COURT NO. CR02253
___________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE SIXTH COURT OF APPEALS AT TEXARKANA:
COMES NOW, the State of Texas, by and through the elected County
and District Attorney, Val J. Varley, and the Red River County and District
Attorney’s office (“the State”), respectfully submits this Motion to Extend
Time to File the Appellee’s (State’s) Brief under Rules 10 and 38 of the
Texas Rules of Appellate Procedure. The State moves this Court pursuant
to the Texas Rules of Appellate Procedure for an extension of time in which
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to the Appellee’s (State’s) Brief upon good cause shown below.
I.
On or about November 3, 2017, the appellant, Dwyane Jermain
Morgan filed his brief in the above-styled and numbered appellate cause.
As the appellee, the State’s Brief is currently due on or before
December 4, 2017. The State seeks another one (1) day in which to file its
brief.
II.
This is an appeal from a final judgment of conviction in the 6th
Judicial District Court of Red River County, Texas. The District Court
cause number was CR02253.
III.
The present deadline for filing the Appellee’s (State’s) Brief is
Monday, December 4, 2017. This is the State’s first motion for an
extension of time to file its brief.
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V.
For good cause, the appellee (the State) seeks an additional one (1)
day in which to file its brief. All internet systems in the Red River County
Courthouse were out of service December 4, 2017, therefore the Appellee
(State) was unable to e-file it’s brief in a timing manner.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to the Court’s motion docket, this
Court grant the Appellee’s (State’s) Motion to Extend Time to File Brief in
its entirety and grant an additional one (1) days in which to file its Brief on
or before December 5, 2017; and for such other and further relief, both at
law and in equity, to which it may be justly and legally entitled.
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Respectfully submitted,
Val J. Varley, County and District Attorney
Red River County and District Attorney’s Office
Red River County Courthouse
400 North Walnut Street
Clarksville, Texas 75426-4012
(903) 427-2009
(903) 427-5316 (Fax)
valvarley@valornet.com
By: /s/Val Varley
Val J. Varley
SBN # 20496580
ATTORNEYS FOR THE STATE OF TEXAS
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF RED RIVER §
BEFORE ME, the undersigned authority, on this day personally
appeared Val J. Varley, who after being duly sworn stated:
I am the attorney representing the Appellee (The State of Texas)
in the above-styled and numbered appellate cause. I have read
the foregoing Appellee’s (State’s) Motion to Extend Time to
File Brief and the facts and allegations contained are known to
me and they are true and correct to the best of my personal
knowledge. The signatures herein were made with my express
permission.
/s/Val Varley
Val J. Varley
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CERTIFICATE OF SERVICE
This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the Appellee’s (State’s) Motion to Extend Time for Filing Brief has
been served on the 5th day of December, 2017 upon the following:
Troy Hornsby
Miller, James, Miller & Hornsby, L.L.P.
1725 Galleria Oaks Drive
Texarkana, Texas 75503
Troy.hornsby@gmail.com
903.794.2711, f. 903.792.1276
/s/Val Varley
Val J. Varley
valvarley@varlornet.com
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