ACCEPTED 06-14-00147-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/25/2015 10:56:03 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00147-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 2/26/2015 9:28:00 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ASIM SHAKUR RAHIM, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61685; 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. 06-14-00147-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61685; 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
Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
2 for an extension of time in which to file the Appellee’s (State’s) Brief upon
good cause shown below.
I.
On or about January 27, 2015, Asim Shakur Rahim (Rahim), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on or before Thursday, February 26,
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 County Court at Law of Lamar County,
Texas. The cause number in the County Court at Law was 61685.
III.
The appellant, Rahim, filed a notice of appeal on or about August 18,
2014 in this Court. The District Clerk of Lamar County filed the Clerk’s
Record on or about September 18, 2014. The official court reporter filed
the Reporter’s Record on or about December 1, 2014.
The appellant, Rahim, filed the first (of two) motions for extension of
time to file his brief, which this Court granted initially until January 21,
2015. After this deadline, Rahim filed his brief on or about January 25,
2015 along with a second motion for extension of time, which this Court
3 granted on January 27, 2015.
IV.
The present deadline for filing the appellee’s (State’s) brief is
Thursday, February 26, 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)
began the preparation of a petition for writ of mandamus (06-15-00018-CR)
on January 30, 2015, after the presiding judge of the Sixth Judicial District
Court of Lamar County granted a motion for judgment notwithstanding the
verdict on January 29, 2015 in cause number 25545 styled The State of Texas
v. Erica Lynn Fuller in the Sixth Judicial District Court of Appeals at
Texarkana. Counsel for the appellee (State) filed the petition for writ of
mandamus on February 3, 2015 and, on the same day, filed a brief in cause
number 06-14-00130-CR styled Alvin Peter Henry, Jr. v. The State of Texas
in the Sixth Judicial District Court of Appeals (now set for submission on
March 4, 2015).
In addition to the appellate filings, counsel for the appellee (State)
prepared for a forfeiture hearing on February 4, 2015 in cause number 82670
styled The State of Texas v. Block B, Lot 6 (David Keller) along with a
4 suppression hearing in cause numbers 25886, 25928 and 25958 styled The
State of Texas v. Robert Daugherty in the Sixth Judicial District Court of
Rockwall County. After the February 4th hearings, counsel for the appellee
(State) was preparing on February 5-6 for a jury trial scheduled to begin on
February 11th in the Daugherty case and was preparing a brief that was filed
on February 10, 2015 in cause number 06-14-00130-CR styled Alvin Peter
Henry, Jr. v. The State of Texas; in the Sixth Judicial District Court of
Appeals at Texarkana (now set for submission on March 3, 2015).
On February 11th, Robert Daugherty entered a plea that resolved the
cases, and counsel for the appellee (State) then prepared for (1) a revocation
hearing in cause number 25084 styled The State of Texas v. Leah McGarity;
(2) a punishment hearing in cause number 25857 styled The State of Texas v.
Amber Kenyon; and (3) a punishment hearing in cause number 24466 styled
The State of Texas v. Bobby Glen Canida 1; all of which were pending in the
Sixth District Court of Lamar County, Texas. After February 11th, counsel
for the appellee (State) had grand jury scheduled for February 12th.
On February 17th, counsel for the appellee (State) had a docket for
revocations and plea bargains. On February 18th, counsel for the appellee
(State) had a docket for arraignments and pre-trials. On February 19th,
1 See Canida v. State, 446 S.W.3d 601 (Tex. App.--Texarkana 2014, no pet.).
5 counsel for the appellee (State) had a jury trial set in cause number 23839
styled The State of Texas v. James Battle, although this case was later
resolved by plea bargain.
On Monday, February 23rd, counsel for the appellee (State) has a
hearing involving a juvenile, Christian Sims, in which the State is seeking to
certify him as an adult for a murder trial.
Due to these circumstances, counsel for the appellee (State) is 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 Thursday, March 26, 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
Thursday, March 26, 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
6 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
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ACCEPTED 06-14-00147-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/25/2015 10:56:03 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00147-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 2/26/2015 9:28:00 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ASIM SHAKUR RAHIM, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61685; 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. 06-14-00147-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61685; 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
Texas moves this Court pursuant to the Texas Rules of Appellate Procedure
2 for an extension of time in which to file the Appellee’s (State’s) Brief upon
good cause shown below.
I.
On or about January 27, 2015, Asim Shakur Rahim (Rahim), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on or before Thursday, February 26,
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 County Court at Law of Lamar County,
Texas. The cause number in the County Court at Law was 61685.
III.
The appellant, Rahim, filed a notice of appeal on or about August 18,
2014 in this Court. The District Clerk of Lamar County filed the Clerk’s
Record on or about September 18, 2014. The official court reporter filed
the Reporter’s Record on or about December 1, 2014.
The appellant, Rahim, filed the first (of two) motions for extension of
time to file his brief, which this Court granted initially until January 21,
2015. After this deadline, Rahim filed his brief on or about January 25,
2015 along with a second motion for extension of time, which this Court
3 granted on January 27, 2015.
IV.
The present deadline for filing the appellee’s (State’s) brief is
Thursday, February 26, 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)
began the preparation of a petition for writ of mandamus (06-15-00018-CR)
on January 30, 2015, after the presiding judge of the Sixth Judicial District
Court of Lamar County granted a motion for judgment notwithstanding the
verdict on January 29, 2015 in cause number 25545 styled The State of Texas
v. Erica Lynn Fuller in the Sixth Judicial District Court of Appeals at
Texarkana. Counsel for the appellee (State) filed the petition for writ of
mandamus on February 3, 2015 and, on the same day, filed a brief in cause
number 06-14-00130-CR styled Alvin Peter Henry, Jr. v. The State of Texas
in the Sixth Judicial District Court of Appeals (now set for submission on
March 4, 2015).
In addition to the appellate filings, counsel for the appellee (State)
prepared for a forfeiture hearing on February 4, 2015 in cause number 82670
styled The State of Texas v. Block B, Lot 6 (David Keller) along with a
4 suppression hearing in cause numbers 25886, 25928 and 25958 styled The
State of Texas v. Robert Daugherty in the Sixth Judicial District Court of
Rockwall County. After the February 4th hearings, counsel for the appellee
(State) was preparing on February 5-6 for a jury trial scheduled to begin on
February 11th in the Daugherty case and was preparing a brief that was filed
on February 10, 2015 in cause number 06-14-00130-CR styled Alvin Peter
Henry, Jr. v. The State of Texas; in the Sixth Judicial District Court of
Appeals at Texarkana (now set for submission on March 3, 2015).
On February 11th, Robert Daugherty entered a plea that resolved the
cases, and counsel for the appellee (State) then prepared for (1) a revocation
hearing in cause number 25084 styled The State of Texas v. Leah McGarity;
(2) a punishment hearing in cause number 25857 styled The State of Texas v.
Amber Kenyon; and (3) a punishment hearing in cause number 24466 styled
The State of Texas v. Bobby Glen Canida 1; all of which were pending in the
Sixth District Court of Lamar County, Texas. After February 11th, counsel
for the appellee (State) had grand jury scheduled for February 12th.
On February 17th, counsel for the appellee (State) had a docket for
revocations and plea bargains. On February 18th, counsel for the appellee
(State) had a docket for arraignments and pre-trials. On February 19th,
1 See Canida v. State, 446 S.W.3d 601 (Tex. App.--Texarkana 2014, no pet.).
5 counsel for the appellee (State) had a jury trial set in cause number 23839
styled The State of Texas v. James Battle, although this case was later
resolved by plea bargain.
On Monday, February 23rd, counsel for the appellee (State) has a
hearing involving a juvenile, Christian Sims, in which the State is seeking to
certify him as an adult for a murder trial.
Due to these circumstances, counsel for the appellee (State) is 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 Thursday, March 26, 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
Thursday, March 26, 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
6 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 Thursday, March 26, 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
7 and correct to the best of my knowledge.
_____________________________ Gary D. Young
SUBSCRIBED AND SWORN TO BEFORE ME on the 25th day of February, 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 25th day of February, 2015 upon the following:
Don Biard McLaughlin Hutchison & Biard LLP 38 First Northwest Paris, TX 75460
______________________________ GARY D. YOUNG