Robert Brice Daugherty v. State ( 2015 )

ACCEPTED
06-15-00038-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/12/2015 12:57:10 PM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT REQUESTED
CAUSE NOS. 06-15-00038-CR, 06-15-00039-CR, 06-15-00040-CR
FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 6/12/2015 12:57:10 PM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ROBERT BRICE DAUGHERTY, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT OF LAMAR COUNTY;
TRIAL COURT NOS. 25928, 25958 & 25886;
HONORABLE WILLIAM HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Gary D. Young, County and District Attorney
Lamar County and District Attorney’s Office
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
ORAL ARGUMENT REQUESTED
1
CAUSE NOS. 06-15-00038-CR, 06-15-00039-CR, 06-15-00040-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
ROBERT BRICE DAUGHERTY, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT OF LAMAR
COUNTY; TRIAL COURT NOS. 25928, 25958 & 25886;
HONORABLE ERIC CLIFFORD, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through Gary D. Young, the
elected County and District Attorney of Lamar County, Texas and the Lamar
County and District Attorney’s Office, respectfully submits this Motion to
Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of
Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
for an extension of time in which to file the Appellee’s (State’s) Brief upon
2
good cause shown below.
I.
On May 15, 2015, Robert Brice Daugherty (Daugherty), the appellant,
filed his brief for purposes of cause numbers 06-15-00038-CR,
06-15-00039-CR, 06-15-00040-CR. As the appellee, the State’s brief is
currently due on or about June 15, 2015.
This motion to extend time seeks an additional thirty (30) days for the
State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause numbers were 25928, 25958 and
25886.
III.
On or about February 19, 2015, the appellant filed his notice of appeal
in this Court. The official court reporter filed the Reporter’s Record on or
about March 31, 2015. The district clerk filed the Clerk’s Record on or
about April 14, 2015.
The appellant, Daugherty, filed his brief on May 15, 2015.
IV.
3
The present deadline for filing the appellant’s (State’s) brief is
Monday, June 15, 2015. Since the filing of the appellant’s brief on May 15,
2015, counsel for appellant (State) was preparing the brief in cause number
06-15-00037-CR styled The State of Texas v. Erica Lynn Fuller in the Sixth
Court of Appeals at Texarkana (filed on June 5, 2015).
In addition to the brief in the Fuller appeal, counsel for the appellee
(State) had criminal dockets, including the preparation for a jury trial during
the last week of May, 2015 in cause number 25874 styled The State of Texas
v. Mark Record and cause number 25936 styled The State of Texas v. Terry
Glasgow in the 6th Judicial District Court of Lamar County. On Friday,
May 29th, the jury trials were canceled because all cases were granted
continuances. On June 2nd, counsel for the appellee (State) selected a jury
for a juvenile case, in which, the defendant was charged with murder.
Afterwards, counsel for the appellee (State) was preparing cases for the
grand jury, which was on June 11, 2015. Beginning on Monday, June 15th,
counsel for the State (appellee) had jury selection in cause number 26131
styled The State of Texas v. Brandon Jones and in cause numbers 24928 and
24929 styled The State of Texas v. Derrick Smith in the 6th Judicial District
Court of Lamar County.
Due to these circumstances, counsel for the appellant (State) was
4
unable to complete the research necessary to prepare the brief in this
appellate cause, thus necessitating this request for an extension of time.
Insufficient time now remains to complete Appellee’s Brief, but, if the time
is extended another thirty (30) days to Wednesday, July 15, 2015, the State
will have sufficient time for completion with the time as extended.
V.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until
Wednesday, July 15, 2015 be granted for the filing of Appellee’s Brief, or
until such time as this Court deems appropriate.
WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
Court grant the State’s Motion to Extend Time to File Its Brief in its entirety
and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Wednesday, July 15, 2015, or until such time as this Court
deems appropriate; and for such other and further relief, both at law and in
equity, to which it may be justly and legally entitled.
5
Respectfully submitted,
Gary D. Young
Lamar County & District Attorney
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
By:________________________________
Gary D. Young, County Attorney
SBN# 00785298
ATTORNEYS FOR STATE OF TEXAS
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally
appeared Gary D. Young, who after being duly sworn stated:
I am the attorney representing the Appellee in the above-styled
and numbered appellate cause. I have read the foregoing
Motion to Extend Time to File Appellee’s Brief and the facts
and allegations contained are known to me and they are true
and correct to the best of my knowledge.
_____________________________
Gary D. Young
6
SUBSCRIBED AND SWORN TO BEFORE ME on the 12th day of
June, 2015, to certify which witness my hand and official seal.
Notary Public, State of Texas
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 12th day of June, 2015 upon the following:
Don Biard
McLaughlin, Hutchison & Biard
38 First Northwest
Paris, TX 75460
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
7