Jessica Boyett v. State

Opinion

ACCEPTED 06-15-00023-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/4/2015 9:05:06 AM DEBBIE AUTREY CLERK

ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00023-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 11/4/2015 9:05:06 AM DEBBIE AUTREY COURT OF APPEALS Clerk

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

JESSICA BOYETT, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25505; HONORABLE WILL BIARD, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF ____________________________________________________________

Gary D. Young Lamar County and District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax)

ATTORNEYS FOR THE STATE OF TEXAS

1 CAUSE NO. 06-15-00023-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25505; HONORABLE WILL BIARD, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE 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 October 5, 2015, the appellant (Jessica Boyett) filed her

brief in the above-styled and numbered cause. The appellee’s (State’s) brief

is due on or before November 4, 2015.

This 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 25505.

III.

On or about February 10, 2015, the appellant (Jessica Boyett) filed her

notice of appeal in this Court. By electronic filing or about March 31st, the

District Clerk of Lamar County filed the Clerk’s Record. The official court

reporter filed the Reporter’s Record on or about July 7th along with the

exhibits on or about July 13, 2015.

The appellant (Jessica Boyett) filed a motion to extend time to file her

brief, which this Court granted on or about July 27, 2015. The appellant

filed a second motion to extend time to file her brief, which this Court again

3 granted on or about September 9, 2015. The appellant then filed her brief

on October 5, 2015.

IV.

Since the filing of the appellant’s brief on October 5th, counsel for the

appellee (State) had criminal dockets, including grand jury on October 8,

2015 and several revocation/adjudication hearings on October 9th.

Beginning on the week of October 19th, counsel for the appellee (State) had

hearings and a plea-bargain docket on motions to revoke/adjudicate in the 6th

Judicial District Court of Lamar County and arraignments/pre-trial dockets

on October 20, 2015. Further, a jury panel came in on October 21, 2015 for

trial docket. Also, on October 21, 2015, counsel for the appellee (State) had

a Motion to Reduce Bond hearing incase numbered 26267 styled The State

of Texas v. Carlos Bowden in the 6th District Court of Lamar County.

In addition to the criminal dockets and hearings above, counsel for the

appellee (State) was preparing and completing the proposed findings of fact

and conclusions of law in cause number 20462-HC-4, et. al. styled Ex parte

Orian Lee Scott in the 6th Judicial District Court of Lamar County. Further,

counsel for the appellee (State) was preparing and completing the appellee’s

(State’s) brief in cause number 06-15-00024-CR styled Rodney Boyett v. The

State of Texas, which is currently due on or before November 9, 2015.

4 Due to these circumstances, counsel for the appellant (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, December 4, 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. As the appellee, the State requests that an extension of

time until Friday, December 4, 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

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, December 4, 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.

5 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 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

6 STATE OF TEXAS § COUNTY OF LAMAR §

Subscribed and sworn to before me by Gary D. Young on this the 4th day of November, 2015, to certify which witness my hand and seal of office.

_____________________________ 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 4th day of November, 2015 upon the following:

Kristin R. Brown 18208 Preston Road, Ste. D9375 Dallas, TX 75252 kbrown@idefenddfw.com

______________________________ GARY D. YOUNG gyoung@co.lamar.tx.us