Larry Joe McNeal v. State ( 2015 )

ACCEPTED
06-15-00010-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/17/2015 8:33:53 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00010-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 7/17/2015 8:33:53 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
LARRY JOE McNEAL, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY;
TRIAL COURT NO. 61963;
HONORABLE M.C. SUPERVILLE, 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
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ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00010-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
LARRY JOE McNEAL, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY;
TRIAL COURT NO. 61963;
HONORABLE M.C. SUPERVILLE, 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
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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 June 17, 2015, Larry Joe McNeal (Neal), the appellant, filed his
brief in the above-styled and numbered cause. As the appellee, the State’s
brief is currently due on or about July 17, 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 County Court of Lamar County, Texas. In
that Court, the cause number was 61963.
III.
On or about January 16, 2015, the appellant filed his notice of appeal
in this Court. The district clerk filed the Clerk’s Record on or about
February 27, 2015. The official court reporter filed the Reporter’s Record
on or about April 13, 2015.
The appellant, McNeal, filed his brief on June 17, 2015.
IV.
The present deadline for filing the appellant’s (State’s) brief is Friday,
July 17, 2015. Since the filing of the appellant’s brief on June 17th, counsel
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for appellee (State) was preparing the brief in cause numbers
06-15-00038-CR, 06-15-00039-CR and 06-15-00040-CR styled Robert
Brice Daugherty v. The State of Texas in the Sixth Court of Appeals at
Texarkana (filed on July 15, 2015 and set for submission on August 5,
2015).
In addition to the brief in the Daugherty appeal, counsel for the
appellee (State) had criminal dockets, including the jury selection for a
juvenile competency trial beginning on June 22, 2015 in a case styled In the
Interest of C.S. and the jury trial beginning on June 26th. In that regard,
counsel for the appellee (State) was also preparing for the certification
hearing on July 17, 2015.
On July 7, 2015, counsel for the appellee (State) had a plea-bargain
docket and met with defense attorneys for seventeen (17) inmates. On July
8th, counsel for the appellee (State) had a bench trial in cause numbers 26186
and 26122 styled The State of Texas v. Adeli Carranza in the Sixth Judicial
District Court of Lamar County. On July 9, 2015, counsel for the appellee
(State), as a special prosecutor, was attending the sentencing hearing in
Sulphur Springs in The State of Texas v. Daniel Winn in Hopkins County,
Texas.
Finally, counsel for the appellee (State) was preparing the budget for
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next year and had two meetings with the County Judge and Commissioner’s
Court of Lamar County.
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 Monday, August 17, 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
Monday, August 17, 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 Monday, August 17, 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
SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of
July, 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) Motion to Extend Time for Filing Brief has
been served on the 17th day of July, 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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