State v. Erica Lynn Fuller ( 2015 )


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  •                                                                                  ACCEPTED
    06-15-00037-cr
    SIXTH COURT OF APPEALS
    TEXARKANA, TEXAS
    5/6/2015 10:52:54 AM
    DEBBIE AUTREY
    CLERK
    ORAL ARGUMENT REQUESTED
    CAUSE NO. 06-15-00037-CR                 FILED IN
    6th COURT OF APPEALS
    TEXARKANA, TEXAS
    IN THE                  5/6/2015 10:52:54 AM
    DEBBIE AUTREY
    COURT OF APPEALS                       Clerk
    SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
    ____________________________________________________________
    THE STATE OF TEXAS, Appellant
    V.
    ERICA LYNN FULLER, Appellee
    ____________________________________________________________
    ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
    LAMAR COUNTY, TEXAS
    TRIAL COURT NO. 25545; HONORABLE ERIC CLIFFORD, JUDGE
    ____________________________________________________________
    APPELLANT’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
    1
    ORAL ARGUMENT REQUESTED
    CAUSE NO. 06-15-00037-CR
    IN THE
    COURT OF APPEALS
    SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
    ____________________________________________________________
    THE STATE OF TEXAS, Appellant
    V.
    ERICA LYNN FULLER, Appellee
    ____________________________________________________________
    ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
    LAMAR COUNTY, TEXAS
    TRIAL COURT NO. 25545; HONORABLE ERIC CLIFFORD, JUDGE
    ____________________________________________________________
    APPELLANT’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
    2
    for an extension of time in which to file the Appellant’s (State’s) Brief upon
    good cause shown below.
    I.
    On or about April 6, 2015, the official court reporter filed the
    Reporter’s Record in the above-styled and numbered cause. The appellant’s
    brief is, therefore, due on or before Wednesday, May 6, 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 6th Judicial District Court of Lamar County,
    Texas. In the District Court, the cause number was 25545.
    Previously, this Court denied the State’s petition for writ of mandamus
    in an original proceeding that was brought in this Court earlier this year.
    See In re The State of Texas, No. 06-15-00018-CR (Tex. App.--Texarkana
    February 11, 2015, orig. proceeding) (mem. op., not designated for
    publication).
    III.
    The present deadline for filing the appellant’s (State’s) brief is
    Wednesday, May 6, 2015. Since the filing of the Reporter’s Record on
    April 6, 2015, counsel for appellant (State) was preparing the brief in cause
    3
    number 06-14-00172-CR styled Gerald Mac Lowrey v. The State of Texas in
    the Sixth Court of Appeals at Texarkana. That brief was due to be filed on
    the same day as the appellant’s brief in the above-styled and numbered
    cause.
    In addition to the brief in the Lowrey appeal, counsel for the appellee
    (State) had criminal dockets, including a jury-trial setting beginning on
    Monday, April 6th, in cause number 25827 styled The State of Texas v. Stacy
    Littlejohn in the 6th District Court of Lamar County, which required several
    days getting ready for the jury trial that started on April 9, 2015. In addition
    to that jury trial, counsel for the appellee (State) had a grand jury scheduled
    for April 9th. Finally, counsel for the appellee (State) had a revocation
    hearing set for April 15th in cause number 25684 styled The State of Texas v.
    Zachary Patridge in the 6th District Court of Lamar County. On April 20th,
    counsel for the appellant (State) had a docket for motions to revoke and plea
    bargains. On April 21st, counsel for the appellant (State) had arraignments
    and pre-trial docket.      On April 22nd, counsel for the appellant (State)
    selected a jury in cause numbers 25636, 25637 styled The State of Texas v.
    Glenn Rundles in the Sixth Judicial District Court of Appeals of Lamar
    County. On April 23rd, counsel for the appellant (State) had a plea hearing
    as a special prosecutor in Hopkins County. Then beginning on May 4th,
    4
    counsel for the appellant (State) had to get ready for a jury trial in The State
    of Texas v. Eusebio Delarosa, which was eventually resolved by a plea
    bargain. On May 5th, counsel for the appellant (State) began the jury trial in
    the Rundles case, which was mentioned above.
    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, June 8, 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, June 8, 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, June 8, 2015, or until such time as this Court
    5
    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
    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 Appellant’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
    6
    SUBSCRIBED AND SWORN TO BEFORE ME on the 6th day of
    May, 2015, to certify which witness my hand and official seal.
    _________________________________
    Notary Public, State of Texas
    CERTIFICATE OF SERVICE
    This is to certify that in accordance with Tex. R. App. P. 9.5, a true
    copy of the “Appellant’s (State’s) Motion to Extend Time for Filing Brief
    has been served on the 6th day of May, 2015 upon the following:
    James R. Rodgers
    The Moore Law Firm, L.L.P.
    100 North Main Street
    Paris, TX 75460-4222
    ______________________________
    GARY D. YOUNG
    gyoung@co.lamar.tx.us
    7
    

Document Info

Docket Number: 06-15-00037-CR

Filed Date: 5/6/2015

Precedential Status: Precedential

Modified Date: 9/29/2016