Gary Christopher Morrow v. State

ACCEPTED
06-15-00012-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/18/2015 4:37:42 PM
DEBBIE AUTREY
CLERK
No. 06-15-00012-CR through 06-15-00017-CR
GARY CHRISTOPHER MORROW, § IN THE COURT OF APPEALS
FILED IN
Appellant § 6th COURT OF APPEALS
TEXARKANA, TEXAS
V. § SIXTH JUDICIAL DISTRICT
11/18/2015 4:37:42 PM
§ DEBBIE AUTREY
STATE OF TEXAS, § TEXARKANA, TEXAS Clerk
Appellee §
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
COMES NOW the State of Texas, by and through her assistant criminal district
attorney and presents this Motion for Extension of Time to File Brief, and in support
thereof would respectfully show the Court the following:
1. The brief in this case is due to be filed on or before November 19, 2015. There
have been no extensions of time requested by or granted to the State.
2. On November 9, 2015, counsel for the State was required to appear as lead trial
counsel in cause no. CR-15-25309, styled State of Texas v. Jerry Wayne Williams,
in the 336th District Court of Fannin County, Texas. Although the case resolved
on that date without the necessity of trial, counsel for the State was nonetheless
required to expend effort and attention in preparing it for trial.
3. Counsel for the State is also appellate counsel in PD-1385-15, PD-1386-15, PD-
1387-15, and PD-1388-15, each styled William James Akin v. State of Texas, in
the Texas Court of Criminal Appeals. Pursuant to this representation, counsel was
required to respond to Appellant’s petition for discretionary review. Said response
was due on November 11, 2015.
4. Counsel for the State is also appellate counsel in Ex Parte Johnny Richard, WR-
82949-01, a post-conviction writ of habeas corpus filed in the Texas Court of
Criminal Appeals. Pursuant to this representation, counsel was required to attend
and litigate a live evidentiary hearing on October 21, 2015, in the 336th District
Court of Fannin County, Texas. Counsel was also required to prepare proposed
findings of facts and conclusions of law for referral to the higher court. Said
findings and conclusions were due on November 12, 2015.
5. Counsel for the State is also appellate counsel in Ex Ricky Joe Shugart, WR-
83883-01, a post-conviction writ of habeas corpus filed in the Texas Court of
Criminal Appeals. Pursuant to this representation, counsel was required to attend
and litigate a live evidentiary hearing on October 23, 2015, in the 336th District
Court of Fannin County, Texas. Counsel was also required to prepare proposed
findings of facts and conclusions of law for referral to the higher court. Said
findings and conclusions were due on November 18, 2015.
6. The trial in this case lasted for approximately two weeks, and the record on appeal
is voluminous. Moreover, Appellant has alleged five points of error, each of which
must be responded to. The amount of preparation required for the above-described
trials and appellate matters, as well as the considerable effort required of counsel
on this particular appeal has deprived him of a sufficient opportunity to review the
record in this case and prepare an adequate response to Appellant’s points of error.
WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully prays
this Court grant its motion and allow the State a 30-day extension of time in which to file
its brief in this matter. The State further requests any and all such additional relief as this
Court may deem just and appropriate.
Dated: November 18, 2015
Respectfully submitted,
/s/ John B. Setterberg
John B. Setterberg
State Bar No. 24043915
Assistant Criminal District Attorney
Fannin County, Texas
101 E. Sam Rayburn Dr., Ste. 301
Bonham, Texas 75418
903-583-7448
903-583-7682 (fax)
CERTIFICATE OF SERVICE
The undersigned hereby represents that a true and correct copy of the foregoing
was delivered to counsel for Appellant by electronic mail and deposit in counsel’s
mailbox in the Criminal District Attorney’s office on this the 18th day of November,
2015.
/s/ John B. Setterberg
John B. Setterberg
Assistant Criminal District Attorney
Fannin County, Texas