Kevin Fahrni v. State

Opinion

NO. 06-14-00148-CR

FILED IN KEVIN FAHRNI , § 6th COURT ON APPEAL OF APPEALS FROM THE TEXARKANA, TEXAS Appellant § 6/18/2015 8:43:00 AM § 5TH JUDICIAL DISTRICT DEBBIE AUTREY VS. § Clerk § STATE OF TEXAS, § COURT OF BOWIE COUNY Appellee § TEXAS

MOTION FOR LEAVE FOR THE BELATED FILING OF APPELLEE’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas by and through her below named Criminal

District Attorney and for its Motion for Belated Filing of Appellee’s Brief states as

follows:

I.

1. This case is pending from the 5th Judicial District of Bowie County, Texas.

2. The case is styled State of Texas v. Kevin Fahrni, Cause No. 10F484-005.

3. Appellant was found guilty of the offense of Aggravated Sexual Assault of a Child

Possession of a Controlled Substance and sentenced to fifty (50) years in the

Institutional Division of the Texas Department of Criminal Justice. 4. The State has previously requested one extension of time for filing a brief, making

State’s Brief due on June 17, 2015.

7. Appellee has now completed Appellee’s brief, and requests leave of this Court for

the belated filing of the same. Appellee’s completed brief is filed simultaneously

with this Motion.

II.

The Brief was not timely prepared in this matter due to the press of the business,

both trial and appellate. Said business includes, but is not limited to, the following

since Appellant’s brief was filed:

 Preparation for the trial and pre-indictment dockets for the 5th District Court

on May 18, 2015.

 Pre-trial conferences and trial preparation for the State of Texas v. Antonio

Moore, 14F0611-102, Felony Murder and 14F0612-102, Intoxication Assault.

The trial was May 19-21, 2015.

 Preparation and attendance at the Grand Jury Proceedings on May 28, 2015.

 Preparation for the trial and pre-indictment dockets for the 202nd District

Court on May 22, 2015.

 Preparation for the trial and pre-trial indictment dockets for the 5th District

Court on June 1, 2015.  Preparation and attendance at oral arguments before this Court in Justin

Sander v. State of Texas, 06-14-00079-CR which was on June 3, 2014.

 Preparation of the State’s brief in Kevin Fahrni v. State of Texas, 06-14-

00148-CR, which is due on June 17, 2015 and in which the State has already

had to request a motion for extension to file its brief.

 Preparation for the pre-trial docket in the 5th District Court on June 15, 2015.

 In addition to the aforementioned work matters, the attorney for the State

handling this appeal was out of the country on vacation from June 4-13, 2015.

III.

This motion is made in good faith and not for purposes of delay.

PRAYER

WHEREFORE, the State respectfully requests this Court permit leave for the belated

filing of Appellee’s Brief.

Respectfully submitted,

__/s/ Lauren N. Sutton______ LAUREN N. SUTTON Texas Bar No. 24079421 601 Main Street Texarkana, TX 75501 ASSISTANT DISTRICT ATTORNEY CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion to

Extend Time for Filing State’s Brief was forwarded to Mr. Alwin Smith, counsel

for Appellant, on this the 17th day of June, 2015.

__/s/ Lauren N. Sutton______ LAUREN N. SUTTON