Bobbie Dewayne Grubbs v. State ( 2015 )

ACCEPTED
12-14-00210-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/14/2015 10:53:13 AM
CATHY LUSK
CLERK
CASE NO. 12-14-00210-CR
BOBBIE GRUBBS § IN THE COURT OF APPEALS
FILED IN
APPELLANT § 12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § TWELFTH 7/14/2015
COURT OF10:53:13
APPEALSAM
§ CATHY S. LUSK
THE STATE OF TEXAS, § Clerk
APPELLEE § TYLER, TEXAS
MOTION FOR LEAVE TO FILE LATE APPELLEE’S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW The State of Texas , Appellee, by and through her District Attorney, Kenneth
B. Florence, and files this motion for leave to file a late Appellee’s Brief. In support of this motion,
Appellee shows the court the following:
I.
Appellant was convicted in the 273rd Judicial District Court of Shelby County, Texas, by a
jury, of the offense of Capital Murder. The judge assessed punishment at confinement in the Texas
Department of Criminal Justice Institutional Division, for Life, without the possibility of Parole.
II.
The deadline for filing the Appellee’s Brief was July 3, 2015. That date was the official
observance of Independence Day and all county offices were closed. That date has passed.
III.
Appellee’s request for an leave to file a late motion for extension of time is based upon the
following facts:
1. Appellee is filing the brief today July 13, 2015, which is only 10 days late.
2. This motion is not opposed by defense counsel.
3. The State has not received any extension of time to file despite requesting one from the Court of
Appeals. (The State has not checked it’s email in box today or yesterday, in order to concentrate on
getting the brief filed.)
4. The elected District Attorney was the only attorney in the office for 4 years, and a new Assistant
District Attorney was just approved effective June 8, 2015.
Wherefore, Appellee prays the court grant the motion for leave to late file the Appellee’s
Brief.
Respectfully submitted,
/s/ Kenneth B. Florence
KENNETH B. FLORENCE
TBA # 00790698
Shelby County Assistant District Attorney
200 San Augustine Street Suite 12
Center, Texas 75935
(936) 598-2489
(936) 598-4106
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the State’s Motion for Leave to file a Late
Appellee’s Brief, as related above, was served upon, Stephen Shires, Attorney for Appellant, 123
San Augustine Street, Center, Texas 75935, by facsimile (936) 598-3031 and E-file Texas, on this
the 14th day of July 2015.
/s/ Kenneth B. Florence
KENNETH B. FLORENCE