Ryan Victor Molnoskey v. State

ACCEPTED
14-14-00585-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/6/2015 1:26:45 PM
CHRISTOPHER PRINE
CLERK
Nos. 14-14-00585-CR,
14-14-00586-CR & FILED IN
14th COURT OF APPEALS
14-14-00587-CR HOUSTON, TEXAS
3/6/2015 1:26:45 PM
RYAN VICTOR MOLNOSKEY § IN THE CHRISTOPHER
COURT OF APPEALS A. PRINE
Clerk
§
V. § 14TH JUDICIAL DISTRICT
§
THE STATE OF TEXAS § AT HOUSTON, TEXAS
APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee asks the Court to extend the time to file its brief.
Introduction
1. Appellant is Joseph Ryan Victor Molnoskey; the Appellee is
the State of Texas. No rule provides a deadline to file this motion to extend. See
TEX. R. APP. P. 38.6(d). The Appellant is unopposed to this motion.
Argument and Authorities
2. The Court has the authority under Texas Rule of Appellate
Procedure 38.6(d) to extend the time to file the brief. The Appellant’s brief was
filed on February 6, 2015. The Appellee’s brief is due on March 6, 2015.
3. Appellee requests 30 days to file its brief, extending the time
until April 10, 2015. No prior extension has been granted to extend the time to file
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the Appellee’s brief. Appellee needs additional time to file its brief because the
undersigned counsel has been consumed with two other appellate briefs—both
homicides—that required an extensive amount of briefing and record review.
Counsel has also had to prepare for several trial settings in the intervening period,
which made finishing this brief difficult. Further, although a 30-day extension is
requested, counsel will turn the brief in before that time, if possible.
Prayer
4. For these reasons, the Appellee asks the Court to grant an
extension of time to file its brief until April 10, 2015.
Respectfully submitted,
/s/ Trey D. Picard
_____________________________________
Trey D. Picard
State Bar No. 24027742
Assistant Criminal District Attorney
111 East Locust St., Suite 408A
Angleton, Texas 77515
(979) 864-1233
(979) 864-1712 Fax
treyp@brazoria-county.com
ATTORNEY FOR THE APPELLEE,
THE STATE OF TEXAS
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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify
that I have conferred, or made a reasonable attempt to confer, with all other parties,
which are listed below, about the merits of this motion with the following results:
Joseph Kyle Verret  opposes motion
State Bar No. 24049432  does not oppose motion
Attorney at Law
11200 Broadway, Suite 2743  agrees with motion
Pearland, Texas 77584  would not say whether
(281) 764-7071 motion is opposed
(281) 764-7011 – Fax
 did not return my message
kyle@verretlaw.com
regarding the motion
Attorney for the Appellant
/s/ Trey D. Picard
______________________________
Trey D. Picard
Assistant Criminal District Attorney
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CERTIFICATE OF RULE 9.4 COMPLIANCE
I certify that this electronically filed document complies with Rule 9.4
of the Texas Rules of Appellate Procedure and that the number of words is: 546.
/s/ Trey D. Picard
_____________________________
Trey D. Picard
Assistant Criminal District Attorney
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d),
(e), I certify that I have served this document on all other parties, which are listed
below, on March 6, 2015:
Joseph Kyle Verret By:
State Bar No. 24049432  personal delivery
Attorney at Law
11200 Broadway, Suite 2743  mail
Pearland, Texas 77584  commercial delivery
(281) 764-7071
 electronic delivery / fax
(281) 764-7011 – Fax
kyle@verretlaw.com
Attorney for the Appellant
/s/ Trey D. Picard
______________________________
Trey D. Picard
Assistant Criminal District Attorney
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