Jessica Boyett v. State ( 2015 )

ACCEPTED
06-15-00023-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/4/2015 9:05:06 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00023-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 11/4/2015 9:05:06 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
JESSICA BOYETT, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25505;
HONORABLE WILL BIARD, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME TO FILE BRIEF
____________________________________________________________
Gary D. Young
Lamar County and District Attorney
Lamar County Courthouse
119 North Main
Paris, Texas 75460
(903) 737-2470
(903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
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CAUSE NO. 06-15-00023-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
JESSICA BOYETT, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25505;
HONORABLE WILL BIARD, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME TO FILE 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
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for an extension of time in which to file the Appellee’s (State’s) Brief upon
good cause shown below.
I.
On or about October 5, 2015, the appellant (Jessica Boyett) filed her
brief in the above-styled and numbered cause. The appellee’s (State’s) brief
is due on or before November 4, 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 number was 25505.
III.
On or about February 10, 2015, the appellant (Jessica Boyett) filed her
notice of appeal in this Court. By electronic filing or about March 31st, the
District Clerk of Lamar County filed the Clerk’s Record. The official court
reporter filed the Reporter’s Record on or about July 7th along with the
exhibits on or about July 13, 2015.
The appellant (Jessica Boyett) filed a motion to extend time to file her
brief, which this Court granted on or about July 27, 2015. The appellant
filed a second motion to extend time to file her brief, which this Court again
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granted on or about September 9, 2015. The appellant then filed her brief
on October 5, 2015.
IV.
Since the filing of the appellant’s brief on October 5th, counsel for the
appellee (State) had criminal dockets, including grand jury on October 8,
2015 and several revocation/adjudication hearings on October 9th.
Beginning on the week of October 19th, counsel for the appellee (State) had
hearings and a plea-bargain docket on motions to revoke/adjudicate in the 6th
Judicial District Court of Lamar County and arraignments/pre-trial dockets
on October 20, 2015. Further, a jury panel came in on October 21, 2015 for
trial docket. Also, on October 21, 2015, counsel for the appellee (State) had
a Motion to Reduce Bond hearing incase numbered 26267 styled The State
of Texas v. Carlos Bowden in the 6th District Court of Lamar County.
In addition to the criminal dockets and hearings above, counsel for the
appellee (State) was preparing and completing the proposed findings of fact
and conclusions of law in cause number 20462-HC-4, et. al. styled Ex parte
Orian Lee Scott in the 6th Judicial District Court of Lamar County. Further,
counsel for the appellee (State) was preparing and completing the appellee’s
(State’s) brief in cause number 06-15-00024-CR styled Rodney Boyett v. The
State of Texas, which is currently due on or before November 9, 2015.
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Due to these circumstances, counsel for the appellant (State) was
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 Friday, December 4, 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. As the appellee, the State requests that an extension of
time until Friday, December 4, 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 Friday, December 4, 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.
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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
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STATE OF TEXAS §
COUNTY OF LAMAR §
Subscribed and sworn to before me by Gary D. Young on this the 4th
day of November, 2015, to certify which witness my hand and seal of office.
_____________________________
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 4th day of November, 2015 upon the following:
Kristin R. Brown
18208 Preston Road, Ste. D9375
Dallas, TX 75252
kbrown@idefenddfw.com
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
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