Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr.

Opinion

AP-77,038 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/28/2015 6:15:46 PM September 30, 2015 Accepted 9/30/2015 9:17:20 AM ABEL ACOSTA No. AP-77,038 CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS AT AUSTIN, TEXAS _________________________________________________ US CARNELL PETETAN, JR. AKA CARNELL PETETAN, JR. APPELLANT V. THE STATE OF TEXAS ___________________________________________ AN APPEAL OF A CONVICTION IN CAUSE NO. 2012-2331-C1 FROM THE 19TH JUDICIAL DISTRICT COURT OF MCLENNAN COUNTY, TEXAS ____________________________________________

MOTION FOR EXTENSION OF TIME

TO FILE THE STATE’S BRIEF ____________________________________________

ABELINO "ABEL" REYNA STERLING HARMON Criminal District Attorney Appellate Division Chief McLennan County, Texas State Bar No. 09019700

219 North 6th Street, Suite 200 Waco, Texas 76701 Tel: (254) 757-5084 Fax: (254) 757-5021 Email: sterling.harmon@co.mclennan.tx.us TO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas, moves for an extension of Ninety Days in which

to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is

based upon the following reasonable explanation of the need for additional

time, within the personal knowledge of Sterling Harmon, the attorney

signing this motion, namely:

The State of Texas moves this court to allow an extension of ninety

days to file its Brief. The State’s Brief is due on September 28, 2015. The

State requests that the new deadline be December 28, 2015. This is the

first extension the State has requested.

Appellant in the case at bar has presented twenty-nine points of

error in this appeal of his Capital Murder conviction and sentence of death.

The State’s attorney requires additional time to properly brief the case at

bar as well as to properly address the other pending matters that require

his attention. The additional time sought is not sought frivolously or for

delay, but will be of genuine assistance in preparing the State’s brief.

For the foregoing reasons, the State prays that the Court grant this

Motion and modify and extend the deadline for filing the State’s brief to

December 28, 2015 or that this Court grant such additional time as is just

and proper.

Respectfully Submitted: ABELINO ‘ABEL’ REYNA Criminal District Attorney McLennan County, Texas

//S// Sterling Harmon STERLING HARMON Appellate Division Chief 219 North 6th Street, Suite 200 Waco, Texas 76701 Tel: (254) 757-5084 Fax: (254) 757-5021 Email: sterling.harmon@co.mclennan.tx.us State Bar No. 09019700

CERTIFICATE OF SERVICE I certify that I caused to be served a true and correct copy of this motion by electronic service or email on counsel for Appellant, Richard E. Wetzel at wetzel_law@1411west.com.

DATE: 9/28/15 //S// STERLING HARMON STERLING HARMON