Rodney Boyett v. State

Opinion

ACCEPTED 06-15-00024-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/7/2015 10:55:39 AM DEBBIE AUTREY CLERK

ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00024-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE 10/7/2015 10:55:39 AM DEBBIE AUTREY COURT OF APPEALS Clerk

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

RODNEY BOYETT, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25506; HONORABLE WILL BIARD, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF ____________________________________________________________

Gary D. Young Lamar County and District Attorney 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. 06-15-00024-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25506; HONORABLE WILL BIARD, JUDGE ____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE 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 Appellant’s (State’s) Brief upon

2 good cause shown below.

I.

On or about September 8, 2015, the appellant (Rodney Boyett) filed

his brief in the above-styled and numbered cause. The appellee’s (State’s)

brief is due on or before October 8, 2015.

This 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 25506.

III.

On or about February 10, 2015, the appellant (Rodney Boyett) filed

his notice of appeal in this Court. By electronic filing or about March 31st,

the District Clerk of Lamar County filed the Clerk’s Record. The official

court reporter filed the Reporter’s Record on or about July 7th along with the

exhibits on or about July 13, 2015.

The appellant (Rodney Boyett) filed a motion to extend time to file his

brief, which this Court granted on or about July 27, 2015. The appellant

then filed his brief on September 8, 2015.

3 IV.

Since the filing of the appellant’s brief on September 8th, counsel for

the appellee (State) had criminal dockets, including a punishment hearing on

September 17, 2015 in cause number 26080 styled The State of Texas v.

Marvin Fleming. Counsel for the appellee (State) was then out of the office

at a seminar on September 18, 2015. Beginning on the week of September

21st, counsel for the appellee (State) had hearings and a plea-bargain docket

on motions to revoke/adjudicate in the 6th Judicial District Court of Lamar

County and arraignments/pre-trial dockets on September 22, 2015. On

September 23rd, counsel for the appellee (State) had a pre-trial hearing on a

murder case numbered 26338 styled The State of Texas v. Christian Sims in

the 6th District Court of Lamar County.

In addition to the criminal docket above, counsel for the appellee

(State) was preparing and completing the brief on September 28, 2015 in

cause number 06-15-00060-CR styled Jesse Dwayne Black v. The State of

Texas in the Sixth Judicial District Court of Appeals at Texarkana (now set

for submission on October 19, 2015).

Due to these circumstances, counsel for the appellant (State) was

unable to complete the research necessary to prepare the brief in this

appellate cause, thus necessitating this request for an extension of time.

4 Insufficient time now remains to complete Appellee’s Brief, but, if the time

is extended another thirty (30) days to Monday, November 9, 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. As the appellee, the State requests that an extension of

time until Monday, November 9, 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, November 9, 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.

5 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

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 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

6 STATE OF TEXAS § COUNTY OF LAMAR §

Subscribed and sworn to before me by Gary D. Young on this the 7th day of October, 2015, to certify which witness my hand and seal of office.

_____________________________ Notary Public, 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 Extend Time for Filing Brief has

been served on the 7th day of October, 2015 upon the following:

Michael Mowla 445 E. FM 1382, No. 3-718 Cedar Hill, Texas 75104 michael@mowlalaw.com

______________________________ GARY D. YOUNG gyoung@co.lamar.tx.us