Terry Lynn Stevens v. State ( 2015 )

ACCEPTED
03-14-00483-CR
5844586
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/26/2015 2:45:09 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00483-CR
TERRY LYNN STEVENS, § IN THE COURT OF APPEALS
FILED IN
Appellant § 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
VS. § THIRD DISTRICT
6/26/2015 2:45:09 PM
§ JEFFREY D. KYLE
§ Clerk
THE STATE OF TEXAS, § AUSTIN, TEXAS
Appellee §
SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
This motion is presented by the State of Texas, by and through the
undersigned Assistant District Attorney, and in support would show:
I.
The brief for the State of Texas, Appellee, was originally due on May 27,
2015. This Court granted the State’s first motion for extension of time to file its
brief, requesting an additional 30 days. The State’s brief is now due on June 26,
2015.
II.
Since May 27 the undersigned has unexpectedly become involved in the
preparation and trial of two major felony cases. The first involved a total of 25
counts of First Degree aggravated sexual assault of a child and Second Degree
indecency with a child. The second involved a first degree charge of aggravated
Page 1 of 3
assault on a peace officer with a deadly weapon. Both cases were tried to a jury and
required significant preparation time by the undersigned. These commitments have
not afforded the requisite time to thoroughly analyze the trial record in this cause to
clearly present the facts relevant to the Court’s determination of the issues presented.
III.
In this case Appellant raises three issues which, while rather straightforward,
are fact intensive and will require a thorough familiarity with the trial record to
adequately address. The undersigned will need an additional 30 days to prepare and
file the Appellee’s Brief in this case. This is the second motion for extension of
time that the State of Texas has sought in this case, and the undersigned is confident
that the Appellee’s Brief will be completed at the expiration of a further 30 days, if
not before.
PRAYER
The State of Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and extend the due date for the
Appellee’s Brief to July 27, 2015.
Page 2 of 3
Respectfully submitted,
OFFICE OF DISTRICT ATTORNEY
33RD and 424th JUDICIAL DISTRICTS
Wiley B. McAfee, District Attorney
P. O. Box 725
Llano, Texas 78643
Telephone Telecopier
(325) 247-5755 (325) 247-5274
/s/ R. Blake Ewing
By: ________________________________
R. Blake Ewing
Assistant District Attorney
State Bar No. 24076376
ATTORNEY FOR APPELLEE
CERTIFICATE OF SERVICE
This is to certify that a true copy of the above and foregoing instrument,
together with this proof of service hereof, has been forwarded on the 26th day of
June, 2015, to Mr. Tracy D. Cluck, Attorney for Appellant, by email at
tracy@tracyclucklawyer.com
/s/ R. Blake Ewing
_____________________________
R. Blake Ewing
Assistant District Attorney
Page 3 of 3