2004 Dodge Ram 1500 TX LP CPL1988 and 2000 Buick TX LP CV1N817 v. State ( 2015 )

ACCEPTED
03-14-00704-CV
4608667
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/23/2015 4:38:07 PM
JEFFREY D. KYLE
CLERK
COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
AUSTIN, TEXAS 3/23/2015 4:38:07 PM
JEFFREY D. KYLE
Clerk
2004 DODGE RAM 1500 § COURT OF APPEALS
TX LP#CPL1988 AND 2000 BUICK § NO. 03-14-00704-CV
TX LP#CV1N8187, §
Appellant §
VS. §
THE STATE OF TEXAS, §
Appellee § DISTRICT COURT NO. CV36,279
STATE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
COMES NOW, the State of Texas, by and through its undersigned attorney, and
respectfully requests that the Court grant an Extension of Time for Filing the State’s
Brief in the above reference cause.
Pursuant to Rules 38.6 and 10.5(b), Texas Rules of Appellate Procedure, the
Petitioner would show in support of this Motion that:
1. The current deadline for filing Appellee’s Brief is March 26, 2015.
2. The length of time requested for an extension is an additional 29 days
until April 17, 2012;
3. The reasons for the need for an extension are that:
1) As a new prosecutor assigned to County Court in Milam
County, the undersigned currently has a heavy jury trial docket.
2) In addition to these duties, this prosecutor is also the sole
juvenile attorney for the office.
3) The matter on appeal began before the undersigned began
employment in Milam County, and, as such, the undersigned
has a great deal of research to do regarding the record in this
case.
4) Furthermore, the undersigned has never dealt with an asset
forfeiture case or appeal. The undersigned therefore has a great
amount of research to do in order to find supporting authority
for the case.
4. The number of extensions previously granted the State is none.
Respectfully submitted,
/s/ Joseph P. Johnson
Joseph P. Johnson
Assistant County and District Attorney
Milam County, Texas
204 N. Central, Cameron, Texas 76520
Phone: (254) 697-7013
Fax: (254) 697-7016
jjohnson@milamcounty.net
State Bar No. 24092587
CERTIFICATE OF CONFERENCE
In accordance with Tex. R. App. P. 10.1(a)(5), I certify that I have conferred
with the attorney for only other party in this case, Benton Ross Watson, on the merits
of this motion and that office has no objection to this motion.
/s/ Joseph P. Johnson
Joseph P. Johnson
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing State's Motion
for Extension of Time to File Appellee’s Brief has been delivered to Benton Ross
Watson, attorney for the Appellant, on this 11th day of March, 2014. The copy of this
motion was delivered via facsimile to Benton Ross Watson, 120 E. First Street/P.O.
Box 1000, Cameron, Texas 76520, at (254) 231-0212. Mr. Watson represents LaTonya
Alcorn in this matter.
/s/ Joseph P. Johnson
Joseph P. Johnson