ACCEPTED 06-15-00108-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/19/2015 11:14:42 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00108-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 11/19/2015 11:14:42 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ALEXANDER NATHANIEL BRENES, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814; HONORABLE WILLIAM H. HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF ____________________________________________________________
Gary D. Young Lamar County and District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
1 CAUSE NO. 06-15-00108-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814; HONORABLE WILLIAM H. HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE 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
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
2 good cause shown below.
I.
On or about October 20, 2015, the appellant, Alexander Nathaniel
Brenes (Brenes) filed his brief in the above-styled and numbered cause.
The appellee’s (State’s) brief is due on or before November 19, 2015.
This motion to extend time seeks an additional thirty (30) days for the
State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 23814.
III.
On or about June 25, 2015, the appellant (Brenes) filed his notice of
appeal in this Court. By electronic filing or about August 25th, the District
Clerk of Lamar County filed the Clerk’s Record. The official court reporter
filed the Reporter’s Record on or about August 31, 2015. On or about
September 14, 2015, the District Clerk filed a supplemental Clerk’s Record.
The appellant (Brenes) filed a motion to extend time to file his brief,
which this Court granted on or about September 15, 2015. The appellant
then filed his brief on October 20, 2015.
3 IV.
Since the filing of the appellant’s brief on October 20th, counsel for
the appellee (State) had criminal dockets, including hearings and a
plea-bargain docket on motions to revoke/adjudicate in the 6th Judicial
District Court of Lamar County and arraignments/pre-trial dockets on
October 20, 2015. Further, a jury panel came in on October 21, 2015 for
trial docket. Also, on October 21, 2015, counsel for the appellee (State) had
a Motion to Reduce Bond hearing in cause number 26267 styled The State of
Texas v. Carlos Bowden in the 6th District Court of Lamar County. During
the week beginning on October 21st through October 28th, counsel for the
State was preparing the findings of fact and conclusions of law in cause
number 20463-HC-4 styled Ex parte Orian Lee Scott in the 6th Judicial
District Court of Lamar County.
On November 10, 2015, counsel for the State had a motion to revoke
hearing scheduled for The State of Texas v. Segovia, The State of Texas v.
Gibson and The State of Texas v. Maroney. On November 10th, counsel for
the State was also preparing criminal cases for grand jury proceedings on
November 12th. The Lamar County Commissioners recognized November
11, 2015 as a county holiday for Veterans’ Day and counsel for the State was
on vacation from November 11th through November 13, 2015. On
4 November 16th, counsel for the State had a criminal docket for arraignments
and plea bargains. Finally, counsel for the State had a criminal docket for
pre-trial motions and revocations on November 17th.
In addition to the criminal dockets and hearings above, counsel for the
appellee (State) was preparing and completing the proposed findings of fact
and conclusions of law in cause number 20462-HC-4, et. al. styled Ex parte
Orian Lee Scott Further, counsel for the appellee (State) was preparing and
completing the appellee’s (State’s) brief in cause number 06-15-00024-CR
styled Rodney Boyett v. The State of Texas in the Sixth Judicial District Court
of Appeals at Texarkana (now set for submission on December 3, 2015).
Finally, counsel for the appellee (State) was preparing the appellee’s
(State’s) brief in cause numbers 06-15-00074-CR and 06-15-00075-CR
styled Glenn Edwin Rundles v. The State of Texas in the Sixth Judicial
District Court of Appeals at Texarkana, which is currently due on or before
November 25, 2015.
Due to these circumstances, counsel for the appellant (State) was
unable to complete the 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, December 18, 2015, the State
5 will have sufficient time for completion with the time as extended.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. As the appellee, the State requests that an extension of
time until Friday, December 18, 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
and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Friday, December 18, 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
6 ATTORNEYS FOR STATE OF TEXAS
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.
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ACCEPTED 06-15-00108-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/19/2015 11:14:42 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-15-00108-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 11/19/2015 11:14:42 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ALEXANDER NATHANIEL BRENES, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814; HONORABLE WILLIAM H. HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF ____________________________________________________________
Gary D. Young Lamar County and District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax)
ATTORNEYS FOR THE STATE OF TEXAS
1 CAUSE NO. 06-15-00108-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814; HONORABLE WILLIAM H. HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE 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
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
2 good cause shown below.
I.
On or about October 20, 2015, the appellant, Alexander Nathaniel
Brenes (Brenes) filed his brief in the above-styled and numbered cause.
The appellee’s (State’s) brief is due on or before November 19, 2015.
This motion to extend time seeks an additional thirty (30) days for the
State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 23814.
III.
On or about June 25, 2015, the appellant (Brenes) filed his notice of
appeal in this Court. By electronic filing or about August 25th, the District
Clerk of Lamar County filed the Clerk’s Record. The official court reporter
filed the Reporter’s Record on or about August 31, 2015. On or about
September 14, 2015, the District Clerk filed a supplemental Clerk’s Record.
The appellant (Brenes) filed a motion to extend time to file his brief,
which this Court granted on or about September 15, 2015. The appellant
then filed his brief on October 20, 2015.
3 IV.
Since the filing of the appellant’s brief on October 20th, counsel for
the appellee (State) had criminal dockets, including hearings and a
plea-bargain docket on motions to revoke/adjudicate in the 6th Judicial
District Court of Lamar County and arraignments/pre-trial dockets on
October 20, 2015. Further, a jury panel came in on October 21, 2015 for
trial docket. Also, on October 21, 2015, counsel for the appellee (State) had
a Motion to Reduce Bond hearing in cause number 26267 styled The State of
Texas v. Carlos Bowden in the 6th District Court of Lamar County. During
the week beginning on October 21st through October 28th, counsel for the
State was preparing the findings of fact and conclusions of law in cause
number 20463-HC-4 styled Ex parte Orian Lee Scott in the 6th Judicial
District Court of Lamar County.
On November 10, 2015, counsel for the State had a motion to revoke
hearing scheduled for The State of Texas v. Segovia, The State of Texas v.
Gibson and The State of Texas v. Maroney. On November 10th, counsel for
the State was also preparing criminal cases for grand jury proceedings on
November 12th. The Lamar County Commissioners recognized November
11, 2015 as a county holiday for Veterans’ Day and counsel for the State was
on vacation from November 11th through November 13, 2015. On
4 November 16th, counsel for the State had a criminal docket for arraignments
and plea bargains. Finally, counsel for the State had a criminal docket for
pre-trial motions and revocations on November 17th.
In addition to the criminal dockets and hearings above, counsel for the
appellee (State) was preparing and completing the proposed findings of fact
and conclusions of law in cause number 20462-HC-4, et. al. styled Ex parte
Orian Lee Scott Further, counsel for the appellee (State) was preparing and
completing the appellee’s (State’s) brief in cause number 06-15-00024-CR
styled Rodney Boyett v. The State of Texas in the Sixth Judicial District Court
of Appeals at Texarkana (now set for submission on December 3, 2015).
Finally, counsel for the appellee (State) was preparing the appellee’s
(State’s) brief in cause numbers 06-15-00074-CR and 06-15-00075-CR
styled Glenn Edwin Rundles v. The State of Texas in the Sixth Judicial
District Court of Appeals at Texarkana, which is currently due on or before
November 25, 2015.
Due to these circumstances, counsel for the appellant (State) was
unable to complete the 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, December 18, 2015, the State
5 will have sufficient time for completion with the time as extended.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. As the appellee, the State requests that an extension of
time until Friday, December 18, 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
and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Friday, December 18, 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
6 ATTORNEYS FOR STATE OF TEXAS
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 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 TO BEFORE ME on the 19th day of November, 2015, to certify which witness my hand and official seal.
Notary Public, State of Texas
7 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 19th day of November, 2015 upon the following:
Michael Mowla Michael Mowla, PLLC P.O. Box 868 Cedar Hill, TX 75106-0868 michael@mowlalaw.com
______________________________ GARY D. YOUNG gyoung@co.lamar.tx.us