Joseph Finley v. State

Opinion

ACCEPTED 12-14-00005-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/20/2015 11:46:24 PM CATHY LUSK CLERK

CAUSE NO. 12-14-00005-CR

FILED IN 12th COURT OF APPEALS IN THE COURT OF APPEALS TYLER, TEXAS FOR THE TWELFTH JUDICIAL DISTRICT 2/20/2015 11:46:24 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

SECOND MOTION FOR EXTENSION (UNOPPOSED)

To the Honorable Justices of this Court:

Appellee, State of Texas, moves for a 7-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 is filed. Tex. R.

1 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 7-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 three other briefs

during this time-frame in Johnson v. State, No. 12-14-00160-CR, Owens v. State,

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

preparing for oral arguments in Forrester v. State, No. 12-14-00114-CR.

2. Counsel for the State had to prepare for a jury trial in State v. Taylor, No.

2014-0145 and State v. Mitchell, which was 2014-0695 which was scheduled for

jury selection March 2, 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.

2 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 second 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

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

Respectfully Submitted,

/s/ April Ayers-Perez 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 ATTORNEY FOR THE STATE OF TEXAS

3 Certificate of Service

I do certify that on February 20, 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 February 20, 2015, I conferred with John Tunnell in person about this motion, and certify that he was unopposed to a 7-day extension.