Ryan Victor Molnoskey v. State

Opinion

ACCEPTED 14-14-00585-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/6/2015 1:26:45 PM CHRISTOPHER PRINE CLERK

Nos. 14-14-00585-CR, 14-14-00586-CR & FILED IN 14th COURT OF APPEALS 14-14-00587-CR HOUSTON, TEXAS 3/6/2015 1:26:45 PM RYAN VICTOR MOLNOSKEY § IN THE CHRISTOPHER COURT OF APPEALS A. PRINE Clerk § V. § 14TH JUDICIAL DISTRICT § THE STATE OF TEXAS § AT HOUSTON, TEXAS

APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee asks the Court to extend the time to file its brief.

Introduction

1. Appellant is Joseph Ryan Victor Molnoskey; the Appellee is

the State of Texas. No rule provides a deadline to file this motion to extend. See

TEX. R. APP. P. 38.6(d). The Appellant is unopposed to this motion.

Argument and Authorities

2. The Court has the authority under Texas Rule of Appellate

Procedure 38.6(d) to extend the time to file the brief. The Appellant’s brief was

filed on February 6, 2015. The Appellee’s brief is due on March 6, 2015.

3. Appellee requests 30 days to file its brief, extending the time

until April 10, 2015. No prior extension has been granted to extend the time to file

1 the Appellee’s brief. Appellee needs additional time to file its brief because the

undersigned counsel has been consumed with two other appellate briefs—both

homicides—that required an extensive amount of briefing and record review.

Counsel has also had to prepare for several trial settings in the intervening period,

which made finishing this brief difficult. Further, although a 30-day extension is

requested, counsel will turn the brief in before that time, if possible.

Prayer

4. For these reasons, the Appellee asks the Court to grant an

extension of time to file its brief until April 10, 2015.

Respectfully submitted,

/s/ Trey D. Picard _____________________________________ Trey D. Picard State Bar No. 24027742 Assistant Criminal District Attorney 111 East Locust St., Suite 408A Angleton, Texas 77515 (979) 864-1233 (979) 864-1712 Fax treyp@brazoria-county.com

ATTORNEY FOR THE APPELLEE, THE STATE OF TEXAS

2 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify

that I have conferred, or made a reasonable attempt to confer, with all other parties,

which are listed below, about the merits of this motion with the following results:

Joseph Kyle Verret  opposes motion State Bar No. 24049432  does not oppose motion Attorney at Law 11200 Broadway, Suite 2743  agrees with motion Pearland, Texas 77584  would not say whether (281) 764-7071 motion is opposed (281) 764-7011 – Fax  did not return my message kyle@verretlaw.com regarding the motion Attorney for the Appellant

/s/ Trey D. Picard ______________________________ Trey D. Picard Assistant Criminal District Attorney

3 CERTIFICATE OF RULE 9.4 COMPLIANCE

I certify that this electronically filed document complies with Rule 9.4

of the Texas Rules of Appellate Procedure and that the number of words is: 546.

/s/ Trey D. Picard _____________________________ Trey D. Picard Assistant Criminal District Attorney

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d),

(e), I certify that I have served this document on all other parties, which are listed

below, on March 6, 2015:

Joseph Kyle Verret By: State Bar No. 24049432  personal delivery Attorney at Law 11200 Broadway, Suite 2743  mail Pearland, Texas 77584  commercial delivery (281) 764-7071  electronic delivery / fax (281) 764-7011 – Fax kyle@verretlaw.com

Attorney for the Appellant

/s/ Trey D. Picard ______________________________ Trey D. Picard Assistant Criminal District Attorney