$1,608.00 in U.S. Currency and 2008 Mazda, VIN 1YVHP80C385M37457 v. State

ACCEPTED
06-14-00084-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/9/2015 9:31:08 AM
DEBBIE AUTREY
CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00084-CV FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE 2/9/2015 9:31:08 AM
DEBBIE AUTREY
COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
$1,608.00 IN U.S. CURRENCY AND 2008 MAZDA, VIN
1YVHP80C385M37457, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 83560; HONORABLE WILLIAM H. HARRIS
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Gary D. Young, County and District Attorney
Lamar County and District Attorney’s Office
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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ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00084-CV
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
$1,608.00 IN U.S. CURRENCY AND 2008 MAZDA, VIN
1YVHP80C385M37457, Appellant
V.
THE STATE OF TEXAS, Appellee
____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT
LAMAR COUNTY, TEXAS
TRIAL COURT NO. 83560; HONORABLE WILLIAM H. HARRIS
____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO
EXTEND TIME FOR FILING 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
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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
good cause shown below.
I.
On or about January 7, 2015, the appellant filed his brief in the
above-styled and numbered appellate cause. The appellee’s (State’s) brief is
due on Friday, February 6, 2015. The State’s first motion seeks an
additional thirty (30) days in which to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. The cause number in the District Court was 83660.
III.
The pro se appellant, Robert Daugherty, (Daugherty) filed a notice of
appeal on or about October 15, 2014 in this Court. The District Clerk of
Lamar County filed the Clerk’s Record on or about October 16, 2014. The
official court reporter filed the Reporter’s Record on or about November 24,
2014.
The appellant, Daugherty, filed his brief on January 7, 2015.
IV.
The present deadline for filing the appellee’s (State’s) brief is Friday,
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February 6, 2015. This Court has not granted a previous extension to the
appellee (State) in the above-styled and numbered appellate cause.
Since the filing of appellant’s brief, counsel for the appellee (State)
was preparing for separate hearings on January 9, 2015: a motion to
suppress in cause number 25646 styled The State of Texas v. Jose Guadalupe
Zermeno and a hearing on an out-of-state subpoena for Rosa McCarty.
During the week of January 12th, counsel for the appellee (State) was
preparing criminal cases for grand jury, which was being impaneled for a
new term on Friday, January 16, 2015. During the week of January 12th,
counsel for the appellee (State) was also preparing criminal cases for the
January 20th docket for plea bargains and revocations.
In addition to the criminal dockets above, the Lamar County and
District Attorney’s Office was in a jury trial during the week of January 26,
2015 in cause number 25545 styled The State of Texas v. Erica Fuller in the
6th Judicial District Court of Lamar County. On January 29th, the trial judge
granted a judgment notwithstanding the verdict, and counsel for the appellee
(State) was preparing a Petition for Writ of Mandamus in cause number
06-15-00018-CR styled In re State of Texas in the Sixth Judicial District
Court of Appeals at Texarkana. This Court of Appeals filed the Petition for
Writ of Mandamus on or about January 3, 2015, and was awaiting
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submission.
In addition to the petition for writ of mandamus, counsel for the
appellee (State) was preparing a brief in cause number 06-14-00130-CR
styled Alvin Peter Henry, Jr. v. The State of Texas; in the Sixth Judicial
District Court of Appeals at Texarkana. That brief was filed on Monday,
February 2, 2015, and was “at issue.”
Due to these circumstances, counsel for the appellee (State) is unable
to complete the intensive 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
is extended another thirty (30) days to Friday, March 6, 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. Appellee requests that an extension of time until Friday,
March 6, 2015 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
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and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Friday, March 6, 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.
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
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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 First
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
SUBSCRIBED AND SWORN BEFORE ME on this 9th day of
February, 2015.
______________________________
Notary Public
The 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 9th day of February, 2015 upon the following:
Robert Daugherty, #1238
Lamar County Jail
125BrownAve
Paris, TX 75466
______________________________
GARY D. YOUNG
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