Michael Anthony Anderson v. State

• Court: Court of Appeals of Texas
• Decided: May 15, 2018
• Docket: 12-17-00254-CR
• Status: Published

Opinion

ACCEPTED 12-17-00254-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 5/15/2018 11:51 AM Pam Estes CLERK

IN THE COURT OF APPEALS FOR THE 12TH DISTRICT OF TEXAS AT TYLER FILED IN 12th COURT OF APPEALS TYLER, TEXAS MICHAEL ANTHONY § 5/15/2018 11:51:11 AM ANDERSON, PAM ESTES APPELLANT § Clerk v. § No. 12-17-00254-CR THE STATE OF TEXAS, § APPELLEE §

STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

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

Attorney for Nacogdoches County, and tenders this motion for an extension of

time to file the State’s Answer to Appellant’s Brief, pursuant to Texas Rules of

Appellate Procedure 10.5(b) and 49.2. In support of this motion, the State would

show the following:

I.

The case is styled Michael Anthony Anderson v. The State of Texas, and is

an appeal from trial in the 420th District Court in Nacogdoches County, Texas, in

cause number F1622741.

II.

Appellant’s brief was filed on April 17, 2018, and the State’s answer in the

instant case is due on May 17, 2018. The State respectfully requests a 60-day extension of time to file the State’s answer so that the answer will be due on July

16, 2018. The State has not previously requested an extension of time to file an

answer.

III.

The extension of time to file is not requested for the purpose of an improper

delay but so that the State might adequately respond to Appellant’s motion. The

State alleges good cause exists for the extension due to counsel’s preparation and

work on other cases, namely:

 The State of Texas v.Clifford Deearl Evans, Cause Number F1723001, a jury trial which is scheduled for jury selection and trial on June 4th wherein the defendant is charged with Burglary of a Habitation;  The State of Texas v. Encarnacion Olivarez, Cause Number F1823306, a jury trial which is scheduled for jury selection and trial on June 11th wherein the defendant is charged with Indecency and Aggravated Sexual Assault of a Child;  Once these matters have been concluded, Appellee will have more time to devote to this Answer to Appellant’s Brief.  The State has also filed a Motion to Unseal Transcript with the trial court and is awaiting order of the Court for availability of that portion of the transcript.

WHEREFORE, premises considered, the State respectfully requests that

the Court grant the instant motion and extend the time for filing the State’s answer

for 60 days, until July 16, 2018.

2 Respectfully submitted,

Janet R. Cassels

Assistant District Attorney Nacogdoches County, Texas State Bar No. 00794521 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036

CERTIFICATE OF SERVICE

A true copy of the State’s motion has been properly served on counsel for

Appellant, Winfred Simmons via email, on this, the 15th day of May, 2018.

Janet R. Cassels Assistant District Attorney Nacogdoches County, Texas State Bar No. 00794521 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036 3