Asberry, Damon Lavelle

Opinion

PD-1409-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 5/24/2016 2:47:36 PM May 24, 2016 Accepted 5/24/2016 2:51:17 PM ABEL ACOSTA

No. PD-1409-15 CLERK

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS AT AUSTIN, TEXAS

_________________________________________________

DAMON LAVELLE ASBERRY

APPELLANT

V.

THE STATE OF TEXAS

___________________________________________

AN APPEAL OF FINDINGS UNDER CODE OF CRIMINAL PROCEDURE CHAPTER 64 CAUSE NO. 2007-1625-C2A

FROM THE 54TH JUDICIAL DISTRICT COURT OF MCLENNAN COUNTY, TEXAS

____________________________________________

MOTION FOR EXTENSION OF TIME

TO FILE THE STATE’S BRIEF

____________________________________________

ABELINO "ABEL" REYNA STERLING HARMON Criminal District Attorney Appellate Division Chief McLennan County, Texas State Bar No. 09019700

219 North 6th Street, Suite 200 Waco, Texas 76701 Tel: (254) 757-5084 Fax: (254) 757-5021 Email:

sterling.harmon@co.mclennan.tx.us

TO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas, moves for an extension of Thirty Days in which

to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is

based upon the following reasonable explanation of the need for additional

time, within the personal knowledge of Sterling Harmon, the attorney

signing this motion, namely:

The State of Texas moves this court to allow an extension of thirty

days from the filing of this motion to file its Brief. The State’s Brief was due

on May 23, 2016. The State requests that the new deadline be June 22,

2016. This is the first request for extension made by the State.

On May 24, 2016, the McLennan County Criminal District

Attorney’s Office became aware of the issuance of a Late Brief Notice by

the Clerk of the Court. This was the first indication to this office that

Appellant had filed his brief with the Court, and that the State’s brief was

consequently due on May 23, 2016. Upon becoming aware of this, a check

was made of this Office’s records of incoming email and hard copy

document receipts, as well as the electronic filing service. No record was

found showing receipt of Appellant’s brief in this case. Appellant’s

counsel, upon receiving a copy of the Late Brief notice from the Clerk of the

Court, provided a copy of the Appellant’s brief via email.

Consequently, the State asks for an extension of thirty days from the

filing of this motion to file its responsive brief. The additional time is not sought frivolously or for delay, but will be of genuine assistance in

preparing the State’s brief.

For the foregoing reasons, the State prays that the Court grant this

Motion and modify and extend the deadline for filing the State’s brief to

June 23, 2016 or that this Court grant such additional time as is just and

proper.

Respectfully Submitted: ABELINO ‘ABEL’ REYNA Criminal District Attorney McLennan County, Texas

//S// Sterling Harmon STERLING HARMON Appellate Division Chief 219 North 6th Street, Suite 200 Waco, Texas 76701 Tel: (254) 757-5084 Fax: (254) 757-5021 Email: sterling.harmon@co.mclennan.tx.us State Bar No. 09019700

CERTIFICATE OF SERVICE

I certify that I caused to be served a true and correct copy of this motion by electronic service or email on counsel for Appellant, Walter

Reaves, Jr. at walterreaves@att.net.

DATE: 5/24/16 //S// STERLING HARMON STERLING HARMON