Glenn Edwin Rundles v. State ( 2015 )

ACCEPTED
06-15-00074-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/26/2015 3:06:53 PM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00074-CR AND FILED IN
6th COURT OF APPEALS
06-15-00075-CR TEXARKANA, TEXAS
10/26/2015 3:06:53 PM
IN THE DEBBIE AUTREY
Clerk
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
GLENN EDWIN RUNDLES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25636 & 25637;
HONORABLE BILL HARRIS, 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. 06-15-00074-CR AND 06-15-00075-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
GLENN EDWIN RUNDLES, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT;
LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25636 & 25367;
HONORABLE BILL HARRIS, 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 Appellee’s (State’s) Brief upon
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good cause shown below.
I.
On or about September 24, 2015, the appellant (Glenn Edwin
Rundles) filed his brief in the above-styled and numbered cause. The
appellee’s (State’s) brief is due on or before October 26, 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 cause numbers 25636 and 25637.
III.
On or about May 11, 2015, the appellant (Glenn Edwin Rundles) filed
his notice of appeal in this Court. By electronic filing or about June 18,
2015, the District Clerk of Lamar County filed the Clerk’s Record. The
official court reporter filed the Reporter’s Record on or about along with the
exhibits on or about July 10, 2015.
The appellant filed his first motion to extend time to file his brief,
which this Court granted on or about August 6, 2015. The appellant filed
his second motion to extend time to file his brief, which this Court granted
on or about September 15, 2015. The appellant then filed his brief on
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September 24, 2015.
IV.
Since the filing of the appellant’s brief on September 24th, counsel for
the appellee (State) had Grand Jury on October 8, 2015 and criminal
dockets, including several MTR/MTAG hearings on October 9, 2015.
Beginning on the week of October 19th, 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 October 20, 2015. Further a jury panel came in on October 21, 2015 for
trial docket. Also on October 21, 2015, counsel for the appellee (State) had
a Motion to Reduce Bond hearing in case numbered 26267 styled The State
of Texas v. Carlos Bowden in the 6th District Court of Lamar County.
In addition to the criminal docket above, counsel for the appellee
(State) was preparing and completing answers to writ styled Ex Parte:
Charles Cox, Sr., Applicant – Cause No. 17501 HC-1 and Ex Parte: Jordan
Toler, Applicant – Cause No. 24629 HC-1 which are due October 28, 2015.
Due to these circumstances, counsel for the appellee (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
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is extended another thirty (30) days to November 25, 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 November 30, 2015, because November 26 falls on the
Thanksgiving holiday, 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 November 30, 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 26th
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 26th day of October, 2015 upon the following:
Don Biard
38 1st N.W.
Paris, Texas 75460
dbiard@att.net
______________________________
GARY D. YOUNG
gyoung@co.lamar.tx.us
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