Randyael Dontrell Tyson v. State

Opinion

ACCEPTED 06-14-00114-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/23/2015 9:16:39 AM DEBBIE AUTREY CLERK

ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00114-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 2/23/2015 9:16:39 AM DEBBIE AUTREY COURT OF APPEALS Clerk

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

RANDYEAL DONTRELL TYSON, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61504; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO AMEND, SUPPLEMENT OR REDRAW APPELLANT’S BRIEF ____________________________________________________________

Gary D. Young, County and District Attorney Lamar County and District Attorney’s Office Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax)

ATTORNEYS FOR THE STATE OF TEXAS ORAL ARGUMENT WAIVED

1 CAUSE NO. 06-14-00114-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

RANDYEAL DONTRELL TYSON, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW LAMAR COUNTY, TEXAS TRIAL COURT NO. 61504; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO AMEND, SUPPLEMENT OR REDRAW APPELLANT’S BRIEF ____________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the State of Texas, by and through Gary D. Young, the

elected County and District Attorney of Lamar County, Texas and the Lamar

County and District Attorney’s Office, respectfully submits this Motion to

Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of

Texas moves this Court pursuant to the Texas Rules of Appellate Procedure

2 for an extension of time in which to file the Appellee’s (State’s) Brief upon

good cause shown below.

I.

On or about December 19, 2014, the appellant filed his brief in the

above-styled and numbered appellate cause. As the appellee, the State filed

its brief on February 10, 2015.

On or about February 18 or 20th of 2015, the County Clerk of Lamar

County filed a supplemental clerk’s record that included a bill of costs. See

Supp. CR, pg. 3.

II.

With his fourth issue, the appellant, Tyson, alleged that the record did

not contain a certified bill of costs; therefore, Tyson cannot be made to pay

costs of court. See Appellant’s Brief, pgs. 4, 20. Since the filing of

Tyson’s brief, however, the County Clerk of Lamar County filed a

supplemental clerk’s record that included a bill of costs. See Supp. CR, pg.

3.

III.

Under the authority of Rule 38.9 of the Texas Rules of Appellate

Procedure, the State asks this Court to order the appellant (Tyson) to amend,

supplement or redraw his brief. See Tex. R. App. P. 38.9 (“Because briefs

3 are meant to acquaint the court with the issues in a case and to present

argument that will enable the court to decide the case, substantial

compliance with this rule is sufficient, . . .”). Now that the County Clerk

has filed a supplemental clerk’s record on or about February 20th, that

included a bill of costs, the appellant, Tyson, should amend, supplement or

redraw his brief with respect to the fourth issue/point of error. See id.

In the alternative, the State asks this Court to hold that the appellant’s,

Tyson’s, fourth issue/point of error is now moot.

IV.

The purpose of this motion is not for delay because the above-styled

and numbered cause is not set for submission until March 3, 2015, but so

that justice may be had by all parties.

WHEREFORE PREMISES CONSIDERED, the State of Texas prays

that upon final submission of this motion to this Court’s motion docket, this

Court grant the State’s Motion to Amend, Supplement or Redraw Appellant’s

Brief; or in the alternative, this Court should that the appellant’s, Tyson’s,

fourth and final issue should be moot; and for such other and further relief,

both at law and in equity, to which it may be justly and legally entitled.

4 Respectfully submitted,

Gary D. Young Lamar County & District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax)

By:________________________________ Gary D. Young, County Attorney SBN# 00785298

ATTORNEYS FOR STATE OF TEXAS

CERTIFICATE OF SERVICE

This is to certify that in accordance with Tex. R. App. P. 9.5, a true

copy of the “Appellee’s (State’s) Motion to Amend, Supplement or Redraw

the Appellant’s Brief” has been served on the 23rd day of February, 2015

upon the following:

Don Biard McLaughlin Hutchison & Biard LLP 38 First Northwest Paris, TX 75460

______________________________ GARY D. YOUNG