Rodney Boyett v. State ( 2015 )

ACCEPTED
06-15-00024-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/7/2015 10:55:39 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00024-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 10/7/2015 10:55:39 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
RODNEY BOYETT, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25506;
HONORABLE WILL BIARD, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME TO FILE BRIEF
____________________________________________________________
Gary D. Young
Lamar County and District Attorney
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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CAUSE NO. 06-15-00024-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
RODNEY BOYETT, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25506;
HONORABLE WILL BIARD, JUDGE
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME TO FILE 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
for an extension of time in which to file the Appellant’s (State’s) Brief upon
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good cause shown below.
I.
On or about September 8, 2015, the appellant (Rodney Boyett) filed
his brief in the above-styled and numbered cause. The appellee’s (State’s)
brief is due on or before October 8, 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 25506.
III.
On or about February 10, 2015, the appellant (Rodney Boyett) filed
his notice of appeal in this Court. By electronic filing or about March 31st,
the District Clerk of Lamar County filed the Clerk’s Record. The official
court reporter filed the Reporter’s Record on or about July 7th along with the
exhibits on or about July 13, 2015.
The appellant (Rodney Boyett) filed a motion to extend time to file his
brief, which this Court granted on or about July 27, 2015. The appellant
then filed his brief on September 8, 2015.
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IV.
Since the filing of the appellant’s brief on September 8th, counsel for
the appellee (State) had criminal dockets, including a punishment hearing on
September 17, 2015 in cause number 26080 styled The State of Texas v.
Marvin Fleming. Counsel for the appellee (State) was then out of the office
at a seminar on September 18, 2015. Beginning on the week of September
21st, counsel for the appellee (State) had hearings and a plea-bargain docket
on motions to revoke/adjudicate in the 6th Judicial District Court of Lamar
County and arraignments/pre-trial dockets on September 22, 2015. On
September 23rd, counsel for the appellee (State) had a pre-trial hearing on a
murder case numbered 26338 styled The State of Texas v. Christian Sims in
the 6th District Court of Lamar County.
In addition to the criminal docket above, counsel for the appellee
(State) was preparing and completing the brief on September 28, 2015 in
cause number 06-15-00060-CR styled Jesse Dwayne Black v. The State of
Texas in the Sixth Judicial District Court of Appeals at Texarkana (now set
for submission on October 19, 2015).
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.
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Insufficient time now remains to complete Appellee’s Brief, but, if the time
is extended another thirty (30) days to Monday, November 9, 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. As the appellee, the State requests that an extension of
time until Monday, November 9, 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, November 9, 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
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STATE OF TEXAS §
COUNTY OF LAMAR §
Subscribed and sworn to before me by Gary D. Young on this the 7th
day of October, 2015, to certify which witness my hand and seal of office.
_____________________________
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 “Appellee’s (State’s) Motion to Extend Time for Filing Brief has
been served on the 7th day of October, 2015 upon the following:
Michael Mowla
445 E. FM 1382, No. 3-718
Cedar Hill, Texas 75104
michael@mowlalaw.com
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
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