Alvin Peter Henry, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 06-14-00130-CR
• Status: Published

Opinion

ACCEPTED 06-14-00130-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 1/5/2015 11:24:06 AM DEBBIE AUTREY CLERK

ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00130-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 1/5/2015 11:24:06 AM DEBBIE AUTREY COURT OF APPEALS Clerk

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

ALVIN PETER HENRY, JR., Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25589; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________

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

1 ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00130-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25589; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________

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

2 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 December 5, 2014, the appellant filed his brief in the

above-styled and numbered appellate cause. The appellee’s (State’s) brief

was due on or before Monday, January 15, 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 6th Judicial District Court was 25589.

III.

The appellant, Alvin Peter Henry, Jr., (Henry) filed a notice of appeal

on or about July 15, 2014 in this Court. The District Clerk of Lamar

County filed the Clerk’s Record on or about August 15, 2014. The official

court reporter filed the Reporter’s Record on or about October 2, 2014 along

with the exhibits on or about October 6, 2014.

On or about October 30, 2014, the appellant, Henry, filed a motion for

extension of time to file his brief, which this Court granted. On or about

December 15th, the appellant filed his brief.

3 IV.

The present deadline for filing the appellee’s (State’s) brief was

Monday, January 5, 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 a jury trial in cause number 25603 styled The State of

Texas v. Curtis Anderson, but the defendant entered a plea on the day of trial.

On December 2nd, counsel for the appellee (State) was preparing for a jury

trial in cause numbers 25572 and 25618--both styled The State of Texas v.

Jacoby Hildreth, but the trial court continued these cause numbers. On

December 3rd, counsel for the appellee (State) was a speaker at the Elected

Prosecutors’ seminar in Austin, and was out of the office from December 3rd

through December 5th.

The Christmas holidays fell on December 24-25, and the Lamar

County and District Attorney’s office was closed. The New Year’s Day

holiday fell on January 1, 2015, and the Lamar County and District

Attorney’s office was also closed.

In addition to the criminal dockets above, counsel for the appellee

(State) was preparing a brief in cause number 06-13-00110-CR styled

Michael Earitt White v. The State of Texas; in the Sixth Judicial District

4 Court of Appeals at Texarkana (which was also due on January 5, 2015).

Further, counsel for the appellee (State) was preparing the appellee’s

(State’s) brief in cause number 06-14-00053-CV styled In the Matter of D.B.

in the Sixth Judicial District Court of Appeals at Texarkana. The appellee’s

(State’s) brief was filed prior to the brief in White.

Due to these circumstances, Appellee’s attorney 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, February 6, 2015, the State 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. Appellee requests that an extension of time until Friday,

February 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

and grant the State of Texas an additional thirty (30) days in which to file its

5 brief on or before Friday, February 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

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

6 SUBSCRIBED AND SWORN TO BEFORE ME on the 5th day of January, 2015, to certify which witness my hand and official seal.

Notary Public, 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 5th day of January, 2015 upon the following:

Gary L. Waite Attorney at Law 104 Lamar Avenue Paris, TX 75460

______________________________ GARY D. YOUNG