Fallon Nicole Wagner v. State

Opinion

ACCEPTED

01-14-00877-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 4/22/2015 2:59:05 PM CHRISTOPHER PRINE

CLERK

No. 01-14-00877-CR

FILED IN

1st COURT OF APPEALS

HOUSTON, TEXAS

FALLON WAGNER § IN THE COURT OF APPEALS 4/22/2015 2:59:05 PM

§ CHRISTOPHER A. PRINE V. § Clerk FIRST JUDICIAL DISTRICT

§

THE STATE OF TEXAS § AT HOUSTON, TEXAS

APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee asks the Court to extend the time to file its brief.

Introduction

1. Appellant is Fallon Wagner; Appellee is the State of

Texas. No rule provides a deadline to file this motion to extend. See TEX.

R. APP. P. 38.6(d). Appellant is unopposed to this motion.

Argument and Authorities

2. The Court has the authority under Texas Rule of

Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s

brief was filed on March 26, 2015. Appellee’s brief is due on April 24,

2015. Appellee requests an additional 30 days to file its brief, extending the

time until May 26, 2015. No prior extension has been granted to extend the

time to file the Appellee’s brief.

2

3. Appellee needs additional time to complete its brief.

Appellate counsel has conducted a thorough review of the record and legal

issues involved in this appeal. Counsel has also made a diligent effort to

complete the brief within the time required under the rules. However, an

active criminal docket and conflicts with other settings has made completing

the brief before the deadline unworkable. Accordingly, counsel respectfully

asks for additional time to finalize her review of the record, and the law

applicable to the case, and complete the State’s brief.

Prayer

4. For these reasons, Appellee asks the Court to grant an

extension of time to file its brief until May 26, 2015.

Respectfully submitted,

/s/ Cynthia Ericson

_____________________________________

Cynthia Ericson State Bar No. 24053188 Assistant Criminal District Attorney 111 East Locust St., Suite 408A Angleton, Texas 77515 (979) 864-1233 (979) 864-1712 Fax cynthiae@brazoria-county.com

ATTORNEY FOR THE APPELLEE, THE STATE OF TEXAS

3

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I

certify that I have conferred, or made a reasonable attempt to confer, with all

other parties, which are listed below, about the merits of this motion with the

following results:

Cary Faden  opposes motion State Bar No. 06768725  does not oppose motion Attorney at Law 77 Sugar Creek Blvd., Suite 230  agrees with motion Sugar Land, Texas 77478  would not say whether (281) 491-6182 motion is opposed (281) 491-0049 – Fax  did not return my

caryfaden@aol.com message regarding the motion

Attorney for the Appellant

/s/ Cynthia Ericson

__________________________________

Cynthia Ericson Assistant Criminal District Attorney

4

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and

9.5(b), (d), (e), I certify that I have served this document on all other parties,

which are listed below, on April 22, 2015:

Cary Faden By: State Bar No. 06768725  personal delivery Attorney at Law 77 Sugar Creek Blvd., Suite 230  mail Sugar Land, Texas 77478  commercial delivery (281) 491-6182  electronic delivery / fax (281) 491-0049 – Fax caryfaden@aol.com

Attorney for the Appellant

/s/ Cynthia Ericson

__________________________________

Cynthia Ericson Assistant Criminal District Attorney