Glenn Edwin Rundles v. State ( 2015 )

ACCEPTED
06-15-00074-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/19/2015 11:16:53 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NOS. 06-15-00074-CR and 06-15-00075-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 11/19/2015 11:16:53 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
GLENN EDWIN RUNDLES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NOS. 25636 & 25637;
HONORABLE WILLIAM H. HARRIS, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) SECOND 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 NOS. 06-15-00074-CR and 06-15-00075-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
GLENN EDWIN RUNDLES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NOS. 25636 & 25637;
HONORABLE WILLIAM H. HARRIS, 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
for an extension of time in which to file the Appellee’s (State’s) Brief upon
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good cause shown below.
I.
On or about September 24, 2015, the appellant, Glenn Edwin Rundles
(Rundles), filed his brief in the above-styled and numbered appellate causes.
The appellee’s (State’s) brief is due on or before November 25, 2015.
This motion to extend time seeks an additional five (5) days from
November 25th for the State to file its brief. The State asks for an extension
until Monday, November 30th 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 25636 and 25637.
III.
On or about May 11, 2015, the appellant (Rundles) filed his notice of
appeal in this Court. By electronic filing or about June 12, 2015, the
District Clerk of Lamar County filed the Clerk’s Record. The official court
reporter filed the Reporter’s Record on or about along with the exhibits on or
about July 10, 2015.
The appellant (Rundles) filed his first motion to extend time to file his
brief, which this Court granted on or about August 6, 2015. The appellant
then filed his second motion, which this Court granted on or about
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September 15, 2015. Then, Rundles filed his appellant’s brief on
September 24, 2015.
On or about October 26th, the appellee (State) filed its first motion to
extend time, which this Court granted. The appellee’s (State’s) brief is
currently due on or before November 25, 2015.
IV.
Since the granting of the State’s first motion to extend time on
October 26th, counsel for the appellee (State) was preparing the proposed
findings of fact and conclusions of law during the week beginning on
October 21st through October 28th in cause number 20462-HC-4, et. seq.
styled Ex parte Orian Lee Scott in the 6th Judicial District Court of Lamar
County. From October 28th through October 30th and November 2nd through
November 6th, counsel had criminal dockets in the 6th Judicial District Court
of Lamar County.
On November 10, 2015, counsel for the State had a motion to revoke
hearing scheduled for The State of Texas v. Segovia, The State of Texas v.
Gibson and The State of Texas v. Maroney. On November 10th, counsel for
the State was also preparing criminal cases for grand jury proceedings on
November 12th. The Lamar County Commissioners recognized November
11, 2015 as a county holiday for Veterans’ Day and counsel for the State was
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on vacation from November 11th through November 13, 2015. On
November 16th, counsel for the State had a criminal docket for arraignments
and plea bargains. Finally, counsel for the State had a criminal docket for
pre-trial motions and revocations on November 17th.
In addition to the criminal dockets and hearings above, 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
in the Sixth Judicial District Court of Appeals at Texarkana (now set for
submission on December 3, 2015).
Finally, Pam Bull, the chief deputy clerk in the County and District
Attorney’s Office of Lamar County, will be on vacation from November 20th
through November 30, 2015.
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 five (5) days from November 25th to November 30,
2015, the State will have sufficient time for completion with the time as
extended.
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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 Monday, November 30, 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 Second Motion to Extend Time to File Its Brief in its
entirety and grant the State of Texas an additional five (5) days in which to
file its brief on or before Monday, November 30, 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.
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
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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
Second 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
SUBSCRIBED AND SWORN TO BEFORE ME on the 19th day of
November, 2015, to certify which witness my hand and official seal.
Notary Public, State of Texas
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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) Second Motion to Extend Time for Filing
Brief has been served on the 19th day of November, 2015 upon the
following:
Don Biard
McLaughlin, Hutchison & Biard
38 First Northwest
Paris, TX 75460
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
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