Mark Eugene Engle v. State ( 2015 )

ACCEPTED 06-14-00239-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/25/2015 4:38:37 PM DEBBIE AUTREY CLERK CASE NO. 06-14-00239-CR In The FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS COURT OF APPEALS 8/26/2015 8:24:00 AM SIXTH DISTRICT OF TEXAS DEBBIE AUTREY AT TEXARKANA Clerk MARK EUGENE ENGLE, Appellant VS. THE STATE OF TEXAS, Appellee On Appeal from the 354th Judicial District Court of Hunt County, Texas Trial Court Cause No. 29,110 Honorable Richard A. Beacom, Jr., Judge Presiding MOTION FOR EXTENSION OF TIME TO FILE STATE'S BRIEF NOBLE DAN WALKER, JR. District Attorney, in and for Hunt County, Texas KELI M. AIKEN First Assistant District Attorney State Bar Number- 24043442 P.O. Box 441 4th Floor, Hunt County Courthouse Greenville, Texas 75401 Telephone Number- (903) 408-4180 Facsimile Number- (903) 408-4296 kaiken@huntcounty.net MOTION FOR EXTENSION OF TIME TO FILE STATE'S BRIEF Comes now, The State of Texas, and files this, her Motion for Extension of Time to File State's Brief. I. The current filing deadline for the State's brief was August 24, 2015. II. The State requests permission to file a brief by September 11, 2015. Ill. The State requests an extension because the prosecutor who tried this case is assigned to respond to the appeal. Mr. Steven Lilley has been actively working on a murder trial that began on Monday, August 24, 2015. During that timeframe we simply missed the due date on this brief. Mr. Lilley is involved in Cause No. 29,984: State of Texas vs. Joshua Madison Newkirk. Jury selection took place on Monday and trial testimony began today. The trial is expected to last at least a week. At the beginning of next week Mr. Lilley has prepaid tickets to fly to New Mexico. Mr. Lilley is second chair in two death penalty cases and the prosecutors are flying to New Mexico with law enforcement to get information pertinent to these trials. The cases are: 1) Cause No. 30,265: State of Texas vs. Kyle Kauffman; and 2) Cause No. 30,266: State of Texas vs. Timothy Kelley. The prosecutors have meetings set up with law enforcement and various potential witnesses in these cases. IV. The State has made no previous requests for extensions to file her brief. V. The State reached Mr. Jason Duff, attorney for Appellant, via email today and Mr. Duff agreed not to oppose this request. VI. For the reasons stated hereinabove, it is respectfully requested that this Court grant the State of Texas until September 11, 2015, to file her brief. Respectfully submitted, /s/ Keli M. Aiken Keli M. Aiken Assistant District Attorney Hunt County, Texas P.O. Box 441 Greenville, Texas 75403-0441 Phone: 903/408-4180 Fax: 903/408-4296 kaiken@huntcounty.net CERTIFICATE OF CONFERENCE I certify that I discussed the motion via email with Mr. Jason Duff today, August 25, 2015. /sf Keli M. Aiken Keli M. Aiken CERTIFICATE OF SERVICE This is to certify that a true copy of this Motion to Extend Time to File State's Brief has been forwarded to Mr. Jason Duff on August 25, 2015 by placing the copy in his box in the Hunt County District Clerk's office per local rules. Is/ Keli M. Aiken Keli M. Aiken