Ralph Barba, Jr. v. State

ACCEPTED
06-15-00052-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/28/2015 11:26:38 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NOS. 06-15-00052-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 12/28/2015 11:26:38 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
___________________________________________________________
RALPH BARBA, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
___________________________________________________________
ON APPEAL FROM THE 102ND JUDICIAL DISTRICT COURT
RED RIVER COUNTY, TEXAS; HONORABLE BOBBY LOCKHART’
TRIAL COURT NO. CR02113
___________________________________________________________
APPELLEE’S (STATE’S) SECOND MOTION
TO EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Val J. Varley
Red River County and District Attorney
Red River County Courthouse
400 North Walnut Street
Clarksville, Texas 75426-4012
(903) 427-2009
(903) 427-5316 (Fax)
ATTORNEYS FOR STATE OF TEXAS
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CAUSE NO. 06-15-00052-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
___________________________________________________________
RALPH BARBA, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
___________________________________________________________
ON APPEAL FROM THE 102ND JUDICIAL DISTRICT COURT
RED RIVER COUNTY, TEXAS; HONORABLE BOBBY LOCKHART’
TRIAL COURT NO. CR02113
___________________________________________________________
APPELLEE’S (STATE’S)
SECOND MOTION TO EXTEND
TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE SIXTH COURT OF APPEALS AT TEXARKANA:
COMES NOW, the State of Texas, by and through the elected County
& District Attorney, Val J. Varley, and the Red River County & District
Attorney’s office (“the State”), respectfully submits this Motion to Extend
Time to File the Appellee’s (State’s) Brief under Rules 10 and 38 of the
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Texas Rules of Appellate Procedure. The State moves this Court pursuant
to the Texas Rules of Appellate Procedure for an extension of time in which
to the Appellee’s (State’s) Brief upon good cause shown below.
I.
On or about October 21, 2015, the appellant (Ralph Barba, Jr.) filed
his brief in the above-styled and numbered appellate cause.
The State’s Brief was due on or before Monday, December 21, 2015.
The State seeks an additional seven (7) days in which to file its brief.
II.
This is an appeal from the 102ND Judicial District Court of Red River
County, Texas. The District Court cause number was CR2113.
III.
In this Court, the appellant filed his Notice of Appeal on or about
March 26, 2015. The District Clerk of Red River County filed the Clerk’s
Record on or about June 17, 2015. The official court reporter filed the
Reporter’s Record on or about August 20, 2015.
IV.
The present deadline for filing Appellee’s (State’s) Brief was Monday,
December 21, 2015. On one previous occasion, the State sought an
extension of time to file its brief, which this Court granted on November 19,
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2015.
V.
Since November 19th, counsel for the appellee (State) was preparing
for the scheduled grand jury proceedings, which occurred on November 24 th.
The Thanksgiving holidays followed on November 25-26th, which were
county holidays in Red River County. On November 30 th, counsel for the
appellee (State) had scheduled appointments to meet with witnesses in the
re-trial of cause number CR01125 styled The State of Texas v. Billy Ray
Bryant in the 102nd District Court of Red River County. See Ex parte
Bryant, 449 S.W.3d 82 (Tex. Crim. App. 2014); Bryant v. State, 282 S.W.3d
156 (Tex. App.--Texarkana 2009, pet. ref’d).
From December 1st through December 4th, counsel for the appellee
(State) attended the annual, elected prosecutor conference at the Cantera
Resort in San Antonio. On Monday, December 7th, counsel for the appellee
(State) had a criminal docket (pre-trials, revocations and pleas) in the 102 nd
District Court of Red River County. On Tuesday, December 8 th, counsel
had a criminal docket in the County Court of Red River County. After
December 8th, counsel for the appellee (State) had a scheduled criminal
docket (arraignments, revocations and pleas) for December 14th in the 6th
Judicial District Court of Red River County. During the week of December
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14th, counsel for the appellee (State) was preparing cases for grand jury
proceedings on December 22, 2015.
Finally, the County and District Attorney’s Office of Red River
County was closed on each Friday during the month of December, 2015
(December 4th, December 11th and December 18th). The Christmas holidays
fell on Thursday, December 24th and Friday, December 25, 2015.
Due to these circumstances, counsel for the appellee (State) was
unable to complete the necessary research to prepare the appellee’s (State’s)
brief in this appellate cause, thus necessitating this second request for an
extension of time. Counsel for the appellee (State) sent an e-mail to this
Court with its explanation for the delay. If the time is extended one week or
seven (7) days to Monday, December 28th, the State will have sufficient time
to file its completed brief.
VI.
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 be granted until Monday, December 28, 2015 for the filing of
Appellee’s (State’s) Brief.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to the Court’s motion docket, this
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Court grant this Second Motion to Extend Time to File Appellee’s (State’s)
Brief in its entirety and grant an additional thirty (30) days in which to file
its Brief on or before Monday, December 28, 2015; and for such other and
further relief, both at law and in equity, to which it may be justly and legally
entitled.
Respectfully submitted,
Val J. Varley
Red River County and District Attorney
Red River County Courthouse
400 North Walnut Street
Clarksville, Texas 75426-4012
(903) 427-2009
(903) 427-5316 (Fax)
By:__/s/Val Varley_________________
Val J. Varley
SBN # 20496580
valvarley@valornet.com
ATTORNEYS FOR THE STATE OF TEXAS
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VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF RED RIVER §
BEFORE ME, the undersigned authority, on this day personally
appeared Val J. Varley, 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
Second 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.
/s/Val Varley__________________
Val J. Varley
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CERTIFICATE OF SERVICE
This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the Motion to Extend Time for Filing Appellee’s (State’s) Brief has
been served on the 28th day of December, 2015 upon the following:
Don Biard
Attorney at Law
38 First Northwest
Paris, TX 75460
/s/Val Varley___________
VAL J. VARLEY
valvarley@valornet.com
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