Reginald Reece v. State ( 2015 )

NO. 06-14-00192-CR
FILED IN
REGINALD REECE, § 6th COURT
ON APPEAL OF APPEALS
FROM THE
TEXARKANA, TEXAS
Appellant §
6/23/2015 2:09:23 PM
§ 202nd JUDICIAL DISTRICT
DEBBIE AUTREY
VS. § Clerk
§
STATE OF TEXAS, § COURT OF BOWIE COUNY
Appellee § TEXAS
MOTION FOR LEAVE FOR THE BELATED FILING OF APPELLEE’S
BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas by and through her below named Criminal
District Attorney and for its Motion for Belated Filing of Appellee’s Brief states as
follows:
I.
1. This case is pending from the 202nd Judicial District of Bowie County, Texas.
2. The case is styled State of Texas v. Reginald Reece, Cause No. 11F0746-202.
3. Appellant was found guilty of the offense of Theft of Property with Two Prior
Theft Convictions. This appeal stems from the Appellant’s re-trial on punishment.
The jury assessed punishment at twenty (20) years in the Institutional Division of
the Texas Department of Criminal Justice.
4. The State has previously requested one extension of time for filing a brief, making
State’s Brief due on June 22, 2015.
7. Appellee has now completed Appellee’s brief, and requests leave of this Court for
the belated filing of the same. Appellee’s completed brief is filed simultaneously
with this Motion.
II.
The Brief was not timely prepared in this matter due to the press of the business,
both trial and appellate. Said business includes, but is not limited to, the following
since Appellant’s brief was filed:
 Preparation for the trial and pre-indictment dockets for the 5th District Court
on May 18, 2015.
 Pre-trial conferences and trial preparation for the State of Texas v. Antonio
Moore, 14F0611-102, Felony Murder and 14F0612-102, Intoxication Assault.
The trial was May 19-21, 2015.
 Preparation and attendance at the Grand Jury Proceedings on May 28, 2015.
 Preparation for the trial and pre-indictment dockets for the 202nd District
Court on May 22, 2015.
 Preparation for the trial and pre-trial indictment dockets for the 5th District
Court on June 1, 2015.
 Preparation and attendance at oral arguments before this Court in Justin
Sander v. State of Texas, 06-14-00079-CR which was on June 3, 2014.
 Preparation of the State’s brief in Kevin Fahrni v. State of Texas, 06-14-
00148-CR, which was due on June 17, 2015.
 Preparation for the pre-trial docket in the 5th District Court on June 15, 2015.
 In addition to the aforementioned work matters, the attorney for the State
handling this appeal was out of the country on vacation from June 4-13, 2015.
 Pre-trial meetings and preparation for the trial of State of Texas v. Delbert
Sisemore, Aggravated Robbery, Burglary of Habitation, Possession of a
Controlled Substance, set for trial June 30, 2015.
III.
This motion is made in good faith and not for purposes of delay.
PRAYER
WHEREFORE, the State respectfully requests this Court permit leave for the belated
filing of Appellee’s Brief.
Respectfully submitted,
__/s/ Lauren N. Sutton______
LAUREN N. SUTTON
Texas Bar No. 24079421
601 Main Street
Texarkana, TX 75501
ASSISTANT DISTRICT
ATTORNEY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion to
Extend Time for Filing State’s Brief was forwarded to Mr. Alwin Smith, counsel
for Appellant, on this the 17th day of June, 2015.
__/s/ Lauren N. Sutton______
LAUREN N. SUTTON