ACCEPTED 06-14-00172-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 4/15/2015 11:54:07 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00172-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 4/15/2015 11:54:07 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
GERALD MAC LOWREY, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND 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. 06-14-00172-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND 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 Second
Motion to Extend Time to File Brief under Tex. R. App. P. 10 and 38. The
2 State of Texas moves this Court pursuant to the Texas Rules of Appellate
Procedure for an extension of time in which to file the Appellee’s (State’s)
Brief upon good cause shown below.
I.
On or about February 12, 2015, Gerald Mac Lowrey (Lowrey), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on Wednesday, April 15, 2015.
This second motion to extend time seeks an additional thirty (30) days
for the State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 25492.
III.
In this Court, the appellant, Lowery, filed a notice of appeal on or
about August 18, 2014. The District Clerk of Lamar County filed the
Clerk’s Record on or about November 14, 2014. The official court reporter
filed the Reporter’s Record on or about December 9, 2014.
The appellant, Lowery, filed the first (of two) motions for extension of
time to file his brief, which this Court granted initially on or about January
9, 2015. After this deadline, Lowery filed his brief along with a second
3 motion for extension of time, which this Court granted on or about February
12, 2015. This Court accepted the appellant’s brief on February 12th.
IV.
The present deadline for filing the appellee’s (State’s) brief is
Wednesday, April 15, 2015. On one previous occasion, this Court granted
an extension to the appellee (State) in the above-styled and numbered
appellate cause. This Court granted that first motion to extend time on
March 16, 2015.
Since the granting of the State’s first motion to extend time on March
16th, counsel for appellee (State) was preparing the brief in cause number
06-14-00147-CR styled Asim Shakur Rahim v. The State of Texas in the Sixth
Court of Appeals at Texarkana. Counsel for the appellee (State) filed the
brief on March 19, 2015, and that appellate cause was set for submission
without oral argument on April 9, 2015. In addition to Rahim, counsel for
the appellee (State) was preparing the brief in cause number
06-14-00182-CR styled Robert Bryan Finch v. The State of Texas in the
Sixth Court of Appeals at Texarkana, and that brief is currently due on or
before April 16, 2015.
In addition to two (2) appellate briefs, as mentioned above, counsel
for the appellee (State) had criminal dockets, including a plea-bargain docket
4 and a few hearings for motions to revoke and motions to adjudicate guilt on
March 16, 2015. On March 17th, counsel for appellee (State) had a criminal
docket for pre-trial and arraignments. Afterwards, counsel for the appellee
(State) began trial preparation on cause numbers 25636 and 25637 styled
The State of Texas v. Glen Rundles in the 6th Judicial District of Lamar
County. On March 20th, counsel for the appellee (State) had scheduled
hearings in the 6th Judicial District Court of Lamar County, beginning with
(1) a motion to hold bond insufficient in cause number 26133 styled The
State of Texas v. Cinnamon McDaniel; (2) a motion to adjudicate guilt in
cause number 25641 styled The State of Texas v. Alice Swan; (3) a motion to
reduce bond in cause numbers 26122, 26150 styled The State of Texas v.
Adelia Carranza; and (4) a motion to reduce bond in cause number 26139
styled The State of Texas v. Geoffrey Weeden.
On March 20th, counsel for the appellee (State) was also reviewing
and preparing new cases for the grand jury of Lamar County. Finally,
counsel for the appellee (State) was attending a seminar in Austin from
March 25th to March 27, 2015. On March 30th, counsel for the appellee
(State) had a jury trial set in cause numbers 25636 and 25637 styled The
State of Texas v. Glen Rundles in the 6th District Court of Lamar County.
During that week of March 30th, counsel for appellee (State) spent several
5 days getting ready for trial that included a competency trial. On Monday,
April 6th, counsel for appellee (State) had another jury-trial setting in cause
number 25827 styled The State of Texas v. Stacy Littlejohn in the 6th District
Court of Lamar County, which required several days getting ready for the
jury trial that started on April 9, 2015. In addition to that jury trial, counsel
for the appellee (State) had a grand jury scheduled for April 9th. Finally,
counsel for the appellee (State) had a revocation hearing set for April 15th in
cause number 25684 styled The State of Texas v. Zachary Patridge in the 6th
District Court of Lamar County.
Due to these circumstances, counsel for the appellee (State) was
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 Friday, May 15, 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 Friday,
May 15, 2015 be granted for the filing of Appellee’s Brief, or until such time
as this Court deems appropriate.
6 WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
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ACCEPTED 06-14-00172-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 4/15/2015 11:54:07 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00172-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 4/15/2015 11:54:07 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
GERALD MAC LOWREY, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND 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. 06-14-00172-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND 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 Second
Motion to Extend Time to File Brief under Tex. R. App. P. 10 and 38. The
2 State of Texas moves this Court pursuant to the Texas Rules of Appellate
Procedure for an extension of time in which to file the Appellee’s (State’s)
Brief upon good cause shown below.
I.
On or about February 12, 2015, Gerald Mac Lowrey (Lowrey), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on Wednesday, April 15, 2015.
This second motion to extend time seeks an additional thirty (30) days
for the State to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 25492.
III.
In this Court, the appellant, Lowery, filed a notice of appeal on or
about August 18, 2014. The District Clerk of Lamar County filed the
Clerk’s Record on or about November 14, 2014. The official court reporter
filed the Reporter’s Record on or about December 9, 2014.
The appellant, Lowery, filed the first (of two) motions for extension of
time to file his brief, which this Court granted initially on or about January
9, 2015. After this deadline, Lowery filed his brief along with a second
3 motion for extension of time, which this Court granted on or about February
12, 2015. This Court accepted the appellant’s brief on February 12th.
IV.
The present deadline for filing the appellee’s (State’s) brief is
Wednesday, April 15, 2015. On one previous occasion, this Court granted
an extension to the appellee (State) in the above-styled and numbered
appellate cause. This Court granted that first motion to extend time on
March 16, 2015.
Since the granting of the State’s first motion to extend time on March
16th, counsel for appellee (State) was preparing the brief in cause number
06-14-00147-CR styled Asim Shakur Rahim v. The State of Texas in the Sixth
Court of Appeals at Texarkana. Counsel for the appellee (State) filed the
brief on March 19, 2015, and that appellate cause was set for submission
without oral argument on April 9, 2015. In addition to Rahim, counsel for
the appellee (State) was preparing the brief in cause number
06-14-00182-CR styled Robert Bryan Finch v. The State of Texas in the
Sixth Court of Appeals at Texarkana, and that brief is currently due on or
before April 16, 2015.
In addition to two (2) appellate briefs, as mentioned above, counsel
for the appellee (State) had criminal dockets, including a plea-bargain docket
4 and a few hearings for motions to revoke and motions to adjudicate guilt on
March 16, 2015. On March 17th, counsel for appellee (State) had a criminal
docket for pre-trial and arraignments. Afterwards, counsel for the appellee
(State) began trial preparation on cause numbers 25636 and 25637 styled
The State of Texas v. Glen Rundles in the 6th Judicial District of Lamar
County. On March 20th, counsel for the appellee (State) had scheduled
hearings in the 6th Judicial District Court of Lamar County, beginning with
(1) a motion to hold bond insufficient in cause number 26133 styled The
State of Texas v. Cinnamon McDaniel; (2) a motion to adjudicate guilt in
cause number 25641 styled The State of Texas v. Alice Swan; (3) a motion to
reduce bond in cause numbers 26122, 26150 styled The State of Texas v.
Adelia Carranza; and (4) a motion to reduce bond in cause number 26139
styled The State of Texas v. Geoffrey Weeden.
On March 20th, counsel for the appellee (State) was also reviewing
and preparing new cases for the grand jury of Lamar County. Finally,
counsel for the appellee (State) was attending a seminar in Austin from
March 25th to March 27, 2015. On March 30th, counsel for the appellee
(State) had a jury trial set in cause numbers 25636 and 25637 styled The
State of Texas v. Glen Rundles in the 6th District Court of Lamar County.
During that week of March 30th, counsel for appellee (State) spent several
5 days getting ready for trial that included a competency trial. On Monday,
April 6th, counsel for appellee (State) had another jury-trial setting in cause
number 25827 styled The State of Texas v. Stacy Littlejohn in the 6th District
Court of Lamar County, which required several days getting ready for the
jury trial that started on April 9, 2015. In addition to that jury trial, counsel
for the appellee (State) had a grand jury scheduled for April 9th. Finally,
counsel for the appellee (State) had a revocation hearing set for April 15th in
cause number 25684 styled The State of Texas v. Zachary Patridge in the 6th
District Court of Lamar County.
Due to these circumstances, counsel for the appellee (State) was
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 Friday, May 15, 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 Friday,
May 15, 2015 be granted for the filing of Appellee’s Brief, or until such time
as this Court deems appropriate.
6 WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
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 Friday, May 15, 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
7 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 Second Motion to Extend Time to File Appellee’s Brief and the facts and allegations contained are known to me and they are true and correct to the best of my knowledge.
_____________________________ Gary D. Young
STATE OF TEXAS § COUNTY OF LAMAR §
Subscribed and sworn to before me by Gary D. Young on this the 15th day of April, 2015, to certify which witness my hand and seal of office.
_____________________________ Notary Public, State of Texas
8 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) Second Motion to Extend Time for Filing
Brief has been served on the 15th day of April, 2015 upon the following:
Gary L. Waite Attorney at Law 104 Lamar Avenue Paris, TX 75460 garywaite@sbcglobal.net
______________________________ GARY D. YOUNG gyoung@co.lamar.tx.us