Bruce Wayne Harkey v. State ( 2015 )

ACCEPTED
03-14-00734-CR
5670288
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/15/2015 9:53:06 AM
JEFFREY D. KYLE
CLERK
N O . 03-14-00734-CR
BRUCE WAYNE HARKEY § I N T H E C O U R T OF APPEALS
FILED IN
Appellant 3rd COURT OF APPEALS
AUSTIN, TEXAS
6/15/2015 9:53:06 AM
VS. § THIRTEENTH DISTRICT
JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS,
Appellee § A U S T I N , TEXAS
C O R R E C T E D FIRST MOTION FOR E X T E N S I O N OF TIME
T O F I L E APPELLEE'S BRIEF
This motion is presented by the State of Texas, by and through the
undersigned Assistant District Attorney, and in support would show:
I.
The brief for the State of Texas, Appellee, is due on June 15, 2015.
11,
The undersigned is solely responsible for all appellate and post-conviction
matters in felony cases on behalf of the State of Texas for the 33""^ and the 424*"
Judicial Districts which covers Burnet County, Llano County, Blanco County, and
San Saba County. The undersigned is also solely responsible for all asset seizure
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and forfeiture matters within these four counties, including investigating and
preparing Notice of Seizure and Affidavit, preparing and responding to discovery,
summary judgment procedures, and trial proceedings. Additionally the
undersigned is responsible for responding to all Public Information Act requests and
for providing assistance and backup to the trial attorneys during trial preparation and
during non-trial settings before the bench when needed. The undersigned has just
completed and filed the Appellee's Brief in Case No. 03-15-00127-CR styled Aaron
Joseph Hoes vs. The State of Texas. Further, the undersigned is presently involved
in a very substantial Public Information Act request which has taken a large amount
of time last week to organize and will take the majority of the present week to
prepare the letter to the Office o f the Attorney General seeking permission to
withhold various records and to prepare the letter to the Requestor providing the
records that can be released.
III.
In this case Appellant raises four issues which are somewhat complex and will
require substantial research. While the undersigned has reviewed a substantial
portion of the trial record and has reviewed a fair portion of Appellant's cited case
opinions, the undersigned has a large amount of review and preparation still to
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complete. Considering all of the existing deadlines, the undersigned will need an
additional 60 days to prepare and file the Appellee's Brief in this case. This is the
first motion for extension of time that the State of Texas has sought in this case.
PRAYER
The State of Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and extend the due date for the
Appellee's Brief to August 31, 2015.
Respectfully submitted.
OFFICE OF DISTRICT ATTORNEY
33" and 424" JUDICIAL DISTRICTS
Wiley B. McAfee, District Attorney
P. O. Box 725
Llano, Texas 78643
Telephone Telecopier
(325) 247-5755 (325) 247-5274
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
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C E R T I F I C A T E OF WORD C O U N T
This is to certify that the pertinent portion of this brief contains 373 words
printed in Aldine401BT 14 font according to the WordPerfect™ X7 word count tool.
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