State v. Taylor Barrett Atkinson ( 2017 )

ACCEPTED 14-17-00184-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/21/2017 10:07 AM CHRISTOPHER PRINE CLERK No. 14-17-00184-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS for the HOUSTON, TEXAS Fourteenth District of Texas 12/21/2017 10:07:33 AM at Houston CHRISTOPHER A. PRINE Clerk  No. 14-CCR-176008 In the County Court at Law No. 4 Fort Bend County, Texas  THE STATE OF TEXAS Appellant V. TAYLOR BARRETT ATKINSON Appellee  APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE MOTION FOR REHERING AND EN BANC RECONSIDERATION  TO THE HONORABLE COURT OF APPEALS: APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves for an extension of time within which to file its motion for rehearing and for en banc reconsideration. In support of its motion, appellee submits the following: 1. Appellee was charged with driving while intoxicated under cause number 13-CCR-166390. The State dismissed this charge and refiled the case under cause number 14-CCR-176008. Appellee filed a motion to dismiss based upon double jeopardy. The trial court granted the motion on February 15, 2017. 2. This court issued a published opinion reversing the trial court’s ruling on December 7, 2017. 3. A motion for rehearing is due on December 22, 2017. 4. Appellee seeks an extension to file his motion for rehearing and en banc reconsideration until January 22, 2017. 5. The following facts are relied upon to show good cause for the requested extension: a. Counsel will be out of town for the holiday. b. Counsel has a motion for rehearing due in Rivers v. State, AP-77,051. 6. Appellee’s motion is not for purposes of delay, but so that justice may be done. WHEREFORE, appellee prays that this Court will grant the requested extension. Respectfully submitted, /s/MANDY MILLER Attorney for appellee 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com 2 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been delivered via electronic service to the following address: Fort Bend County District Attorney’s Office ATTN: Gail Kikawa McConnell Gail.McConnell@fortbendcountytx.gov /s/MANDY MILLER Attorney for appellee 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com 3