James Cunningham v. State

Opinion

ACCEPTED

06-15-00129-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 6/29/2016 2:31:21 PM

DEBBIE AUTREY

CLERK

CASE NO. 06-15-00129-CR

JAMES CUNNINGHAM § IN THE COURT OF APPEALS FILED IN

6th COURT OF APPEALS

TEXARKANA, TEXAS

V. § SIXTH DISTRICT6/29/2016 OF TEXAS 2:31:21 PM

DEBBIE AUTREY

THE STATE OF TEXAS § AT TEXARKANA Clerk

STATE’S MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

COMES NOW, the State of Texas, by and through its Assistant District

Attorney, Susannah E. Prucka, and files this Motion for Extension of Time to File

State’s Brief. Pursuant to Rule 10.5(b), Texas Rules of Appellant Procedure, the

State would show in support of her action that:

1. The case is styled The State of Texas v. James Cunningham, cause no.

14-04342-CRF-85, out of the 85th District Court, Brazos County, Texas.

2. Notice of Appeal was filed on or about July 9, 2015

3. The clerk’s record was filed on or about August 7, 2015. The reporter’s record was filed on or about August 21, 2015.

4. Appellant’s most recent brief was filed on May 31, 2016.

5. Pursuant to Texas Rules of Appellate Procedure 38.6(b) and 4.1(a), the State’s Brief is currently due on or before June 30, 2016.

6. The length of time requested is until July 21, 2016.

7. This is the State’s first request for an extension.

8. The State requests this 21-day extension due to the undersigned attorney’s current workload.

WHEREFORE, the State respectfully requests that this Court grant the

foregoing motion.

Respectfully submitted,

/s/ Susannah E. Prucka Susannah E. Prucka Assistant District Attorney Brazos County, Texas 300 East 26th Street, Suite 310 Bryan, Texas 77803 (979) 361-4320 State Bar No. 24076105 sprucka@brazoscountytx.gov

CERTIFICATE OF SERVICE

I do hereby certify that on this the 29th day of June, 2016, a true and correct copy of the above and foregoing State’s Motion for Extension of Time to File State’s Brief was emailed to Richard E. Wetzel, Attorney for Appellant, at wetzel_law@1411west.com.

/s/ Susannah E. Prucka Susannah E. Prucka Assistant District Attorney