FILED IN AP-77,022 COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS February 11, 2015 Transmitted 2/10/2015 4:40:51 PM Accepted 2/11/2015 9:24:16 AM ABEL ACOSTA ABELACOSTA, CLERK No. AP-77,022 CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS WILLIE ROY JENKINS, Appellant v. THE STATE OF TEXAS, Appellee On direct appeal from the 274th Judicial District Court Cause No. 10-1063, Hays County, Texas Honorable Gary L. Steele STATE'S UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF To the Honorable Justices of the Court of Criminal Appeals: THE STATE OF TEXAS, by and through the undersigned counsel, moves for a third extension of time within which to file its brief on appeal. All facts asserted herein are within the personal knowledge of undersigned counsel. See Tex. R. App. Proc. 10.2. In support of its request, the State submits the following: 1. On May 31, 2013, the appellant was convicted of capital murder in the 274th Judicial District Court of Hays County, Texas, in cause number CR-10-1063, styled State of Texas v. Willie Roy Jenkins. The jury sentenced the appellant to death and appeal to this Court is therefore automatic. 2. Appellant filed his opening brief on August 26, 2014. 3. The State's Brief of Appellee was originally due on September 25, 2014. The Court granted the State's unopposed motion for a 60-day extension to file its brief by November 24, 2014. 4. The State filed a second unopposed motion seeking a 75-day extension of the briefing date. The Court granted the motion and ordered that briefing be filed by Monday, February 9, 2015. 5. The State submitted its BriefofAppellee for electronic filing, but the submission occurred at 12:02:46 a.m. on February 10, 2015, which was untimely. 6. The State is compelled to seek an extension of one additional day for filing its brief. 7. In support of its request, the State relies on the following facts: A. Before midnight on February 9,2015, undersigned counsel for the State initiated a transaction with file&servexpress to electronically file the Brief of Appellee with the Court. There was a short delay while the e-filing system located the case and then another delay while the case was updated in the system. After making sure the necessary contacts for service and manner of service were correct, counsel completed the transaction by transmitting the brief for electronic filing. Keeping a close eye on the clock, counsel believed the transaction had concluded by February 9th. Unfortunately, the notification of service evidences the brief was actually submitted at 12:02:46 a.m. on February 10,2015. B. Counsel worked diligently in an effort to have all briefing concluded well in advance of the deadline, but was unable to do so. In the last week two weeks alone, counsel has devoted more than 200 hours to finishing the brief, including working non-stop for almost 36 straight hours that concluded at the time of filing. C. Appellant's attorney, Kerri Anderson Donica, was contacted about the motion and has stated that she does not oppose the Court granting the requested relief. WHEREFORE, the State prays the Court grant this third unopposed motion to extend the filing date to February 10, 2015, and that the Court accept the Brief of Appellee as timely submitted. Respectfully submitted, /s/ Katherine D. Hayes* KATHERINE D. HAYES Assistant District Attorney Pro Tern Assistant Attorney General SBOT 00796729 *Attorney ofrecord Texas Office of the Attorney General c/o Criminal Appeals Division P. O. Box 12548, Capitol Station Austin, TX 78711-2548 (512)936-1400 (512) 320-8132 fax katherme.hayes@texasattorneygeneral.gov -3- CERTIFICATE OF CONFERENCE I hereby certify that on February 10, 2015, I conferred with Appellant's counsel, Kerri Anderson Donica, and she is unopposed to the Court granting relief. /s/ Katherine D. Hayes Assistant District Attorney Pro Tern Assistant Attorney General CERTIFICATE OF SERVICE I certify that on February 10, 2015, a copy of the foregoing motion was filed electronically with the Court. Electronic service was complete on that same date on transmission ofthe document to the serving party's electronic filing service provider. The following Appellant's counsel were electronically served: Angela J. Moore Kerri Anderson-Donica 310 S. St. Mary's, Suite 1830 301 West Third Ave. San Antonio, Texas 78205 Corsicana, Texas 75110-4665 Tel.: (210) 227-4450 Tel:(903) 872-7107 Amoorelaw@aol.com kerri (Stkerri doni cal a w .com /s/ Katherine D. Hayes Assistant District Attorney Pro Tern Assistant Attorney General