Andrew Whitaker v. State

Opinion

ACCEPTED

12-15-00068-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

8/17/2015 4:17:40 PM

CATHY LUSK

CLERK

IN THE COURT OF APPEALS FOR THE 12TH DISTRICT OF TEXAS AT TYLER FILED IN

12th COURT OF APPEALS

TYLER, TEXAS

ANDREW PJ WHITAKER, § 8/17/2015 4:17:40 PM APPELLANT § CATHY S. LUSK v. § Case No. Clerk 12-15-00068-CR &

§ 12-15-00069-CR THE STATE OF TEXAS, § APPELLEE §

STATE'S FIRST MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO APPELLANT'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the State of Texas, by and through her Assistant District

Attorney for Nacogdoches County, and tenders this motion for an extension of

time to file the State's Answer to Appellant's Brief, pursuant to Texas Rules of

Appellate Procedure 10.S(b) and 49.2. In support of this motion, the State would

show the following:

I.

The case is styled Andrew PJ Whitaker v. The State of Texas, and is an

appeal from trial in the 420th District Court in Nacogdoches County, Texas, in

cause numbers F1421007 and F1521497.

II.

Appellant's brief was filed on July 19, 2014, and the State's answer in the

instant case is currently due on August 18, 2015. The State respectfully requests a

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30-day extension of time to file the State's answer so that the answer will be due

on September 17, 2015. The State has not previously requested an extension of

time to file an answer.

III.

The extension of time to file is not requested for the purpose of an improper

delay but so that the State might adequately respond to Appellant's motion. The

State alleges good cause exists for the extension due to counsel's preparation and

work on other cases, namely:

• The State of Texas v. Jerome Charez Bryant, Cause Number F1521805, wherein the defendant is charged with the offense of Criminally Negligent Homicide. A bench trial is currently scheduled for August 17, 2015, and jury selection was completed on August 17, 2015. • This office was out of town at the 27th annual Crimes Against Children conference in Dallas from August 9 to August 13. • Once these matters have been adequately addressed, Appellee will have the time to devote to this Answer to Appellant's Brief.

WHEREFORE, premises considered, the State respectfully requests that

the Court grant the instant motion and extend the time for filing the State's answer

for 30 days, until September 17, 2015.

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Respectfully submitted,

Kevin Belanger Assistant District Attorney Nacogodoches County, Texas State Bar No. 24094534 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036

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CERTIFICATE OF SERVICE

A true copy of the State's motion has been served via FAX/certified

mail/hand delivery on counsel for Appellant, Andrew PJ Whitaker, on this, the

17th day of August, 2015.

Kevin Belanger Assistant District Attorney Nacogdoches County, Texas State Bar No. 24094534 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036