Dale Dewayne Fisher v. State ( 2015 )

ACCEPTED
06-14-00223-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/5/2015 3:50:02 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00223-CR
DALE DEWYANE FISHER § SIXTH COURT
FILED IN
§ 6th COURT OF APPEALS
VS. § TEXARKANA, TEXAS
OF APPEALS
§ 6/5/2015 3:50:02 PM
THE STATE OF TEXAS § DEBBIEOF
STATE AUTREY
TEXAS
Clerk
APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S BRIEF
COMES NOW the State of Texas appellee, and moves this Court pursuant to Tex. R.
App. Proc. 10.5 and 38.6 (D) for an extension of thirty (30) day’s or until July 5, 2015, in which
to file the appellee’s brief herein. In support, appellee would show the following;
1. Appellant was charged with Possession of a Controlled Substance Listed in
Penalty Group One of the Texas controlled Substances Act – With Intent to
Deliver – Four Grams or More but Less than 200 Grams in State of Texas v.
DALE DEWYANE FISHER, Cause No. 16,741, 115th District Court of Upshur
County, Texas.
2. On November 12, 2014, appellant was found guilty and the Jury assessed
punishment for Seventy Five (75) Years confinement in the Institutional Division-
TDCJ.
3. Notice of appeal was given on November 25, 2014.
5. The Appellee’s brief is due for filing on June 5, 2015.
6. This is the first request for extension of time.
7. Appellee requests an extension until July 5, 2015.
8. Good cause exists for the granting of the motion. Within the past thirty days
counsel for the State has undertaken the following matters:
A: Counsel was responsible for Grand Jury on Monday, June 1, 2015 – see attached
docket. Preparing officers for trial in County Court in Cause Number 37,493, The
State of Texas vs. Austin Hunter Little on Tuesday, June 2, 2015. On Wednesday,
June 3, 2015 counsel was preparing victims for trial in the 115th District Court in
Cause Number 16,607, The State of Texas vs. Alan Wayne Hayden. Thursday,
June 4, 2015 counsel was in the 115th District Court – see attached docket.
Friday, June 5, 2015 counsel was in the 115th District Court – see attached docket.
Counsel has jury selection on Monday, June 8, 2015 on the following cases;
Cause Number 16,905, The State of Texas vs. Janet Joiner; Cause Number
16,822, The State of Texas vs. Bobby Burnette; Cause Number 16,887, The State
of Texas vs. Jaclyn Lewis; and Cause Number 16,938, The State of Texas vs. Sara
Pollak – see attached docket.
9: This motion is not sought for purposes of delay, but so that justice may be done.
Therefore, Appellee requests until July 5, 2015, in which to complete her brief.
Respectfully submitted,
Upshur County Assistant District Attorney
Natalie A. Miller
405 N. Titus
Gilmer, TX 75644
Tel: (903) 843-5513
Fax: (903) 843-3661
By: /S/ Natalie A. Miller
Natalie A. Miller
State Bar No. 24079007
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing document has been delivered to all counsel of
record, on this the 5th day of June, 2015.
/S/ Natalie A. Miller
Natalie A. Miller