ACCEPTED 06-14-00182-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 10:02:51 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00182-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 3/25/2015 10:02:51 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ROBERT BRYAN FINCH, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME FOR FILING 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
1 CAUSE NO. 06-14-00182-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME FOR FILING 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
for an extension of time in which to file the Appellee’s (State’s) Brief upon
2 good cause shown below.
I.
On or about February 23, 2015, Robert Bryan Finch (Finch), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on Thursday, March 26, 2015. This
first motion to extend time seeks an additional thirty (30) days for the State
to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 25677.
III.
In this Court, the appellant, Finch, filed a notice of appeal on or about
October 6, 2014. The District Clerk of Lamar County filed the Clerk’s
Record on or about November 7, 2014. The official court reporter filed a
motion for extension of time to file the Reporter’s Record, which this Court
granted. The court reporter then filed the Reporter’s Record on or about
December 29, 2014.
The appellant, Finch, filed his first (and only) motion for extension of
time to file his brief, which this Court granted. On or February 23rd, Finch
filed his brief.
3 IV.
The present deadline for filing the appellee’s (State’s) brief is
Thursday, March 26, 2015. This Court has not granted a previous extension
to the appellee (State) in the above-styled and numbered appellate cause.
Since the filing of appellant’s brief on February 23rd, counsel for the
appellee (State) had a hearing involving a juvenile, Christian Sims, in which
the State was seeking to certify him as an adult for a murder trial. As the
month of February drew to a close, counsel for appellee (State) was
preparing the brief in cause number 06-14-00147-CR styled Asim Shakur
Rahim v. The State of Texas in the Sixth Court of Appeals at Texarkana. On
or about February 26th, counsel for the appellee (State) filed the first motion
for extension of time, which this Court granted on March 3rd and the State
timely filed its brief on March 19, 2015 (now set for submission without
argument on April 9, 2015).
While preparing the brief in cause number 06-14-00147-CR, counsel
for the appellee (State) was also preparing for jury trials beginning on March
2, 2015, including cause numbers 25827, 25894 and 25813, which were later
decided during bench trials in the month of March, 2015. On March 3rd,
counsel for appellee had a revocation hearing in cause number 24033 styled
The State of Texas v. Felipe Villegas. On March 4th, which was the same
4 day that Jeffrey W. Shell and Mr. Gary L. Waite were presenting oral
argument before this Court in cause number 06-14-00096-CR styled Mickey
Lee Bates v. The State of Texas in Sulphur Springs, Mr. Gary D. Young
presented two (2) cases to the grand jury of Hopkins County as a special
prosecutor that afternoon.
In addition to the criminal dockets above, counsel for appellee (State)
was preparing the briefs in two (2) companion cases in cause numbers
06-14-00085-CV and 06-14-00084-CV styled $990.00 in U.S. Currency, et
al. v. The State of Texas and $1,608.00 in U.S. Currency, et. al. in the Sixth
Judicial District Court of Appeals at Texarkana. This Court accepted the
briefs on March 3rd and March 5, 2015, respectively.
During the week beginning March 9th, counsel for the appellee (State)
was preparing felony cases for the grand jury of Lamar County, which was
scheduled to meet on March 12th. On March 16th, counsel for appellee
(State) had a plea-bargain docket for motions to revoke and motions to
adjudicate guilt, and had a few hearings. On March 17th, counsel for
appellee (State) had a criminal docket for pre-trial and arraignments.
Afterwards, counsel for the appellee (State) began trial preparation on cause
numbers 25636 and 25637 styled The State of Texas v. Glen Rundles in the
6th Judicial District of Lamar County. On March 20th, counsel for the
5 appellee (State) had scheduled hearings in the 6th Judicial District Court of
Lamar County, beginning with (1) a motion to hold bond insufficient in
cause number 26133 styled The State of Texas v. Cinnamon McDaniel; (2) a
motion to adjudicate guilt in cause number 25641 styled The State of Texas v.
Alice Swan; (3) a motion to reduce bond in cause numbers 26122, 26150
styled The State of Texas v. Adelia Carranza; and (4) a motion to reduce
bond in cause number 26139 styled The State of Texas v. Geoffrey Weeden.
On March 20th, counsel for the appellee (State) was also reviewing
and preparing new cases for the grand jury of Lamar County. Finally,
counsel for the appellee (State) was attending a seminar in Austin from
March 25th to March 27, 2015.
Due to these circumstances, counsel for the appellee (State) is unable
to complete the research necessary to prepare the brief in this appellate
cause, thus necessitating this request for an extension of time. Insufficient
time now remains to complete Appellee’s Brief, but, if the time is extended
another thirty (30) days to Monday, April 27, 2015, the State will have
sufficient time for completion with the time as extended.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until
6 Monday, April 27, 2015 be granted for the filing of Appellee’s Brief, or until
such time as this Court deems appropriate.
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ACCEPTED 06-14-00182-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 10:02:51 AM DEBBIE AUTREY CLERK
ORAL ARGUMENT WAIVED
CAUSE NO. 06-14-00182-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 3/25/2015 10:02:51 AM DEBBIE AUTREY COURT OF APPEALS Clerk
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
ROBERT BRYAN FINCH, Appellant
V.
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME FOR FILING 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
1 CAUSE NO. 06-14-00182-CR
IN THE
COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________
THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT LAMAR COUNTY, TEXAS TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) MOTION TO EXTEND TIME FOR FILING 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
for an extension of time in which to file the Appellee’s (State’s) Brief upon
2 good cause shown below.
I.
On or about February 23, 2015, Robert Bryan Finch (Finch), the
appellant, filed his brief in the above-styled and numbered appellate cause.
The appellee’s (State’s) brief is due on Thursday, March 26, 2015. This
first motion to extend time seeks an additional thirty (30) days for the State
to file its brief.
II.
This is an appeal from the 6th Judicial District Court of Lamar County,
Texas. In the District Court, the cause number was 25677.
III.
In this Court, the appellant, Finch, filed a notice of appeal on or about
October 6, 2014. The District Clerk of Lamar County filed the Clerk’s
Record on or about November 7, 2014. The official court reporter filed a
motion for extension of time to file the Reporter’s Record, which this Court
granted. The court reporter then filed the Reporter’s Record on or about
December 29, 2014.
The appellant, Finch, filed his first (and only) motion for extension of
time to file his brief, which this Court granted. On or February 23rd, Finch
filed his brief.
3 IV.
The present deadline for filing the appellee’s (State’s) brief is
Thursday, March 26, 2015. This Court has not granted a previous extension
to the appellee (State) in the above-styled and numbered appellate cause.
Since the filing of appellant’s brief on February 23rd, counsel for the
appellee (State) had a hearing involving a juvenile, Christian Sims, in which
the State was seeking to certify him as an adult for a murder trial. As the
month of February drew to a close, counsel for appellee (State) was
preparing the brief in cause number 06-14-00147-CR styled Asim Shakur
Rahim v. The State of Texas in the Sixth Court of Appeals at Texarkana. On
or about February 26th, counsel for the appellee (State) filed the first motion
for extension of time, which this Court granted on March 3rd and the State
timely filed its brief on March 19, 2015 (now set for submission without
argument on April 9, 2015).
While preparing the brief in cause number 06-14-00147-CR, counsel
for the appellee (State) was also preparing for jury trials beginning on March
2, 2015, including cause numbers 25827, 25894 and 25813, which were later
decided during bench trials in the month of March, 2015. On March 3rd,
counsel for appellee had a revocation hearing in cause number 24033 styled
The State of Texas v. Felipe Villegas. On March 4th, which was the same
4 day that Jeffrey W. Shell and Mr. Gary L. Waite were presenting oral
argument before this Court in cause number 06-14-00096-CR styled Mickey
Lee Bates v. The State of Texas in Sulphur Springs, Mr. Gary D. Young
presented two (2) cases to the grand jury of Hopkins County as a special
prosecutor that afternoon.
In addition to the criminal dockets above, counsel for appellee (State)
was preparing the briefs in two (2) companion cases in cause numbers
06-14-00085-CV and 06-14-00084-CV styled $990.00 in U.S. Currency, et
al. v. The State of Texas and $1,608.00 in U.S. Currency, et. al. in the Sixth
Judicial District Court of Appeals at Texarkana. This Court accepted the
briefs on March 3rd and March 5, 2015, respectively.
During the week beginning March 9th, counsel for the appellee (State)
was preparing felony cases for the grand jury of Lamar County, which was
scheduled to meet on March 12th. On March 16th, counsel for appellee
(State) had a plea-bargain docket for motions to revoke and motions to
adjudicate guilt, and had a few hearings. On March 17th, counsel for
appellee (State) had a criminal docket for pre-trial and arraignments.
Afterwards, counsel for the appellee (State) began trial preparation on cause
numbers 25636 and 25637 styled The State of Texas v. Glen Rundles in the
6th Judicial District of Lamar County. On March 20th, counsel for the
5 appellee (State) had scheduled hearings in the 6th Judicial District Court of
Lamar County, beginning with (1) a motion to hold bond insufficient in
cause number 26133 styled The State of Texas v. Cinnamon McDaniel; (2) a
motion to adjudicate guilt in cause number 25641 styled The State of Texas v.
Alice Swan; (3) a motion to reduce bond in cause numbers 26122, 26150
styled The State of Texas v. Adelia Carranza; and (4) a motion to reduce
bond in cause number 26139 styled The State of Texas v. Geoffrey Weeden.
On March 20th, counsel for the appellee (State) was also reviewing
and preparing new cases for the grand jury of Lamar County. Finally,
counsel for the appellee (State) was attending a seminar in Austin from
March 25th to March 27, 2015.
Due to these circumstances, counsel for the appellee (State) is unable
to complete the research necessary to prepare the brief in this appellate
cause, thus necessitating this request for an extension of time. Insufficient
time now remains to complete Appellee’s Brief, but, if the time is extended
another thirty (30) days to Monday, April 27, 2015, the State will have
sufficient time for completion with the time as extended.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until
6 Monday, April 27, 2015 be granted for the filing of Appellee’s Brief, or until
such time as this Court deems appropriate.
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 Extend Time to File Its Brief in its entirety
and grant the State of Texas an additional thirty (30) days in which to file its
brief on or before Monday, April 27, 2015, or until such time as this Court
deems appropriate; and for such other and further relief, both at law and in
equity, to which it may be justly and legally entitled.
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
7 VERIFICATION
STATE OF TEXAS § § COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Gary D. Young, who after being duly sworn stated:
I am the attorney representing the Appellee in the above-styled and numbered appellate cause. I have read the foregoing First Motion to Extend Time to File Appellee’s Brief and the facts and allegations contained are known to me and they are true and correct to the best of my knowledge.
_____________________________ Gary D. Young STATE OF TEXAS § COUNTY OF LAMAR §
Subscribed and sworn to before me by Gary D. Young on this the 25th day of March, 2015, to certify which witness my hand and seal of office.
_____________________________ Notary Public, State of Texas
8 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 Extend Time for Filing Brief has
been served on the 25th day of March, 2015 upon the following:
Mr. Don Biard McLaughlin Hutchison & Biard LLP 38 First Northwest Paris, TX 75460 dbiard@att.net
______________________________ Gary D. Young