Christian Sibley v. State

ACCEPTED
06-15-00009-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/5/2015 11:59:45 AM
DEBBIE AUTREY
CLERK
CAUSE NO. 06-15-00009-CR
FILED IN
CHRISTIAN SIBLEY § 6th COURT
IN THE COURT OF APPEALS
OF APPEALS
TEXARKANA, TEXAS
§ 6/5/2015 11:59:45 AM
VS. § FOR THE SIXTH DISTRICT
DEBBIE AUTREY
§ Clerk
THE STATE OF TEXAS § OF THE STATE OF TEXAS
STATE'S FIRST MOTION TO EXTEND TIME
FOR FILING STATE’S BRIEF
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 Monday, June 8, 2015, and I have not completed it.
This is the State’s first motion to extend time in this case.
2. The State seeks an additional 21 days, until Friday, June 26, 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, bond forfeitures and traffic citation appeals.
In the past 30 days the undersigned attorney has worked on the following:
A. Appellate brief in aggravated robbery case:
1. Cinque Ross v. State, 06-14-00157-CR (8 volumes, 4 issues)
filed Monday, May 11, 2015 after one extension.
2. King v.State, 06-14-00166 –CR due June 1, 2015, filed May 21,
2015 after one extension.
3. Nelson v. State, 06-14-00204-CR filed today after a third extension.
B. Responses to habeas applications:
1. Ex parte Matthew Spratling, due June 1, 2015, filed May 26
C. Protracted motion for new trial, alleging ineffective assistance of
counsel, State v. Hudgins, 43,645 B, with hearings held on May 22
and June 1 until 5:45 p.m.
4. In the next 30 days the undersigned attorney has briefing deadlines in the
following cases in addition to this one:
A. Habeas responses and proposed orders:
1. Ricky Spratling, 26,307-B-H- 1
2 Robert Wyatt 40788 A-H-1
3 Timothy Player 42164 A-H-1
B. Proposed order in DNA Motion
1. Bennie Guy v. State, 23,613-B received April 21, 2015.
5. I will be taking a vacation from June 26 to July 15, to China, and expect to
finish this brief before I leave.
6. Appellant relies on the following facts as good cause for the requested
extension: The undersigned attorney has completed three briefs, one habeas
response, and a motion for new trial within the last thirty days, and has been
absent from the county for more than three days. In order to give this brief
the attention it deserves, I must ask for an extension.
.
7. This extension is not requested for purposes of delay, but so that justice may be
done.
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 all counsel of record by electronic transmission to:
Mr. Clement Dunn
140 E Tyler, Suite 240
Longview, Texas 75601
clementdunn@aol.com
This 5th day of June, 2015.
/s/ ZanColsonBrown
Zan Colson Brown
Assistant District Attorney