Joseph Finley v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 12-14-00005-CR
• Status: Published

Opinion

ACCEPTED 12-14-00005-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/21/2015 5:57:49 PM CATHY LUSK CLERK

No. 12-14-00005-CR

FILED IN 12th COURT OF APPEALS In the Court of Appeals TYLER, TEXAS for the Twelfth Judicial District 1/21/2015 5:57:49 PM at Tyler, Texas CATHY S. LUSK Clerk

Joseph Finley, Appellant

V.

State of Texas, Appellee

On Appeal From Cause No. 2013-0140 in the 217th Judicial District Court of Angelina County, Texas

State’s First Motion for Extension (Unopposed)

To the Honorable Justices of this Court:

Appellee, State of Texas, moves for a 30-day extension of time to file

its brief.

I.

Under the Texas Rules of Appellate Procedure, the general deadline

to file an appellee’s brief is 30 days after the date the appellant’s brief was

filed. Tex. R. App. P. 38.6(b). Appellant’s Brief was filed on December 22,

2014, giving the State until Wednesday January 21, 2015 to file its brief. The State of Texas now requests a 30-day extension of time in which

to file its brief.

II.

Good cause exists for allowing the State additional time to file its brief

for the following reasons:

1. Counsel for the State was working on and completed two other

briefs during this time-frame in Albro v. State, No. 12-14-00182-CR and

Johnson v. State, No. 12-14-00160-CR, both of which had already had an

extension granted. Counsel for the State is also actively working on Owens

v. State, No. 12-13-00386-CR and Dominey v. State, No. 12-14-00226-CR

during this same time frame.

2. Counsel for the State had to prepare for a jury trial in State v.

Hernandez, No. 2014-0629 which was scheduled for jury selection January

12, 2015. This is in addition to the normal felony criminal docket counsel

must prepare for.

3. Counsel for the Appellant is unopposed to this motion. III.

From the above-listed reasons, the State has demonstrated that good

cause for the failure to be able to submit its brief by the Court’s deadline.

This is the State’s first motion for extension, and it is not brought for

purposes of delay or harassment, but to see that justice is done.

Wherefore, Appellee State of Texas prays that the Court grant its

requested 30-day extension to file its State’s Brief in this matter.

Respectfully Submitted,

/s/April Ayers-Perez Assistant District Attorney Angelina County D.A.’s Office P.O. Box 908 Lufkin, Texas 75902 (936) 632-5090 phone (936) 637-2818 fax State Bar No. 24090975 aperez@angelinacounty.net

Attorney for Appellee State of Texas Certificate of Service

I do certify that on January 21,2015 a true and correct copy of the

above document has been served electronically to John Tunnell, , attorney

for Appellant, Joseph Finley, through efile.txcourts.gov.

/s/April Ayers-Perez

Certificate of Conference

I certify that on January 21, 2015, I conferred with John Tunnell in

person about this motion, and certify that he was unopposed to a 30-day

extension.