Sylvester Kelly v. State

ACCEPTED
06-12-00141-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/2/2015 3:27:30 PM
DEBBIE AUTREY
CLERK
CAUSE NO. 06-12-00141-CR
SYLVESTER KELLY § IN THE COURT OF APPEALS
§ FILED IN
6th COURT OF APPEALS
VS. §IN AND FOR THE SIXTH DISTRICT
TEXARKANA, TEXAS
§ 2/2/2015 3:27:30 PM
THE STATE OF TEXAS § OF THE STATE OFAUTREY
DEBBIE TEXAS
Clerk
STATE'S FIRST MOTION TO EXTEND TIME
FOR FILING STATE’S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
THE STATE OF TEXAS, by and through the undersigned Assistant District
Attorney, respectfully moves the Court to extend the time for filing of the
Appellee’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate
Procedure. In support of its motion, the State respectfully offers the following:
1. The Appellee’s brief is due today, Monday, February 2, 2015, and I have not
completed it due to other matters with more pressing deadlines.
2. The State seeks an additional 30 days, until March 4, 2015. The undersigned
will, nonetheless, attempt to complete and file the State’s brief prior to the
extended deadline.
3. The undersigned attorney is responsible for all post-conviction prosecution for
the Gregg County Criminal District Attorney’s Office, including direct appeals
and applications for habeas corpus.
In the past 30 days the undersigned attorney has filed the following:
A. Appellate Briefs: Appellate Briefs:
1. January 12, 2015, Ray v. State, 06-14-00106-CR.
2. January 16, 2015, Duckett v. State, 06-14-00106-CR
3. January 19, 2015, Lewis v. State, 06-14-00111-CR
4. January 31, 2015, Ross v. State, 06-14-00206-CR
B. Responses to Writ Applications:
1. January 2, 2015, Ex parte Dennis Freeman 42,132 B-H-1
2. January 5, 2015, Ex parte Robert Wyatt 40,788-A-H-1
3. January 13, 2015 Ex parte Christopher Howard 37,568A-
H-2.
C. Numerous traffic court appeals and bond forfeiture cases.
4. I took two days for Christmas and one day for New Year’s Day.
In the next 30 days the undersigned attorney must respond to the following
in addition to this brief:
A. Appellate Briefs due after one extension:
1 Hammack v. State, 06-14-00175-CR, requested due date:
February 19, 2015.
2. Schelling v. State, 06-14-00173-CR, requested due date
February 19, 2015.
B. Due dates for responses, if any, to PDR, after no extensions
1. Palmer v. State, 6-13-00265-CR, February 12, 2015.
2. Thomas v. State, 6-14-00002-CR, February 13, 2015.
5. Appellant relies on the following facts as good cause for the requested
extension:
a. During the past 30 days, the undersigned has submitted four appellate briefs,
and three habeas responses, as shown above. In addition, I have processed
numerous traffic court appeals and bond forfeiture cases.
b. No previous extensions have been requested by the State in this case.
c. This extension is not requested for purposes of delay, but so that justice may
be done.
d. I still have not completely cleared the case backlog that has built up over the
past few months.
Respectfully submitted,
/s/Zan Colson Brown
Zan Colson Brown
Texas Bar No. 03205900
Assistant District Attorney
101 East Methvin St., Suite 333
Longview, TX 75601
Telephone: (903) 236–8440
Facsimile: (903) 236–3701
E-mail: zan.brown@co.gregg.tx.us
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing has been
forwarded to appellant by first class mail addressed to Sylvester Kelly, # 1802362,
Clements Unit, 9601 Spur 591, Amarillo, Texas 79107-9606.
This 2nd day of February, 2015.
/s/ ZanColsonBrown
Zan Colson Brown
Assistant District Attorney