Charles Douglas McClain, III v. State

Court of Appeals of Texas

Charles Douglas McClain, III v. State

DecidedJanuary 28, 2015

Docket06-14-00104-CR

StatusPublished

This text of Charles Douglas McClain, III v. State (Charles Douglas McClain, III v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles Douglas McClain, III v. State, (Tex. Ct. App. 2015).

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Opinion

ACCEPTED 06-14-00104-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 1/28/2015 1:13:28 PM DEBBIE AUTREY CLERK

NO. 06-14-00104-CR

CHARLES DOUGLAS MCCLAIN, III § SIXTH COURT FILED IN § 6th COURT OF APPEALS VS. § TEXARKANA, TEXAS OF APPEALS § 1/28/2015 1:13:28 PM THE STATE OF TEXAS § DEBBIEOF STATE AUTREY TEXAS Clerk

APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

COMES NOW the State of Texas appellee, and moves this Court pursuant to Tex. R. App. Proc. 10.5 and 38.6 (D) for an extension of thirty (30) day’s or until March 2, 2015, in which to file the appellee’s brief herein. In support, appellee would show the following; 1. Appellant was charged with Graffiti in State of Texas v. CHARLES DOUGLAS MCCLAIN, III, Cause No. 16,545, 115th District Court of Upshur County, Texas. 2. On May 212, 2014, appellant was found guilty and the Judge assessed punishment for Twenty Five (25) Years confinement in the Institutional Division-TDCJ. 3. Notice of appeal was given on May 21, 2014. 5. The Appellee’s brief was due for filing on January 12, 2015. 6. This is the first request for extension of time. 7. Appellee requests an extension until March 2, 2015. 8. Good cause exists for the granting of the motion. Within the past thirty days counsel for the State has undertaken the following matters: A: Counsel was responsible for getting the brief on Jason Belcher prepared which was due on January 5, 2015 in the Twelfth Court of Appeals. Jury Selection in the 115th Judicial District Court was set on January 12, 2015. The State of Texas v. Tommy Ray Dillard was on that jury docket and this case was assigned to me for trial. Counsel has also been helping with trial preparations in The State of Texas v. Jonathan Shepherd Cause Number 16,605 scheduled for jury selection on February 2, 2015. 9: This motion is not sought for purposes of delay, but so that justice may be done. Therefore, Appellee requests until March 2, 2015, in which to complete her brief.

Respectfully submitted,

Upshur County Assistant District Attorney Natalie A. Miller 405 N. Titus Gilmer, TX 75644 Tel: (903) 843-5513 Fax: (903) 843-3661

By: /S/ Natalie A. Miller Natalie A. Miller State Bar No. 24079007

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing document has been delivered to all counsel of record, on this the 28th day of January, 2015.

/S/ Natalie A. Miller Natalie A. Miller

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ACCEPTED 06-14-00104-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 1/28/2015 1:13:28 PM DEBBIE AUTREY CLERK

NO. 06-14-00104-CR

CHARLES DOUGLAS MCCLAIN, III § SIXTH COURT FILED IN § 6th COURT OF APPEALS VS. § TEXARKANA, TEXAS OF APPEALS § 1/28/2015 1:13:28 PM THE STATE OF TEXAS § DEBBIEOF STATE AUTREY TEXAS Clerk

APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

COMES NOW the State of Texas appellee, and moves this Court pursuant to Tex. R. App. Proc. 10.5 and 38.6 (D) for an extension of thirty (30) day’s or until March 2, 2015, in which to file the appellee’s brief herein. In support, appellee would show the following; 1. Appellant was charged with Graffiti in State of Texas v. CHARLES DOUGLAS MCCLAIN, III, Cause No. 16,545, 115th District Court of Upshur County, Texas. 2. On May 212, 2014, appellant was found guilty and the Judge assessed punishment for Twenty Five (25) Years confinement in the Institutional Division-TDCJ. 3. Notice of appeal was given on May 21, 2014. 5. The Appellee’s brief was due for filing on January 12, 2015. 6. This is the first request for extension of time. 7. Appellee requests an extension until March 2, 2015. 8. Good cause exists for the granting of the motion. Within the past thirty days counsel for the State has undertaken the following matters: A: Counsel was responsible for getting the brief on Jason Belcher prepared which was due on January 5, 2015 in the Twelfth Court of Appeals. Jury Selection in the 115th Judicial District Court was set on January 12, 2015. The State of Texas v. Tommy Ray Dillard was on that jury docket and this case was assigned to me for trial. Counsel has also been helping with trial preparations in The State of Texas v. Jonathan Shepherd Cause Number 16,605 scheduled for jury selection on February 2, 2015. 9: This motion is not sought for purposes of delay, but so that justice may be done. Therefore, Appellee requests until March 2, 2015, in which to complete her brief.

Respectfully submitted,

Upshur County Assistant District Attorney Natalie A. Miller 405 N. Titus Gilmer, TX 75644 Tel: (903) 843-5513 Fax: (903) 843-3661

By: /S/ Natalie A. Miller Natalie A. Miller State Bar No. 24079007

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing document has been delivered to all counsel of record, on this the 28th day of January, 2015.

/S/ Natalie A. Miller Natalie A. Miller

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Bluebook (online)

Charles Douglas McClain, III v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-douglas-mcclain-iii-v-state-texapp-2015.