State v. Courven Terrel Thomas

Opinion

ACCEPTED 04-14-00756-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/20/2015 1:11:32 PM KEITH HOTTLE CLERK

No.04-14-00756-CR

STATE OF TEXAS Appellant )( IN THE FILED IN )( 4th COURT OF APPEALS SAN ANTONIO, TEXAS VS. }{ FOURTH COURT 3/20/2015 1:11:32 PM )( KEITH E. HOTTLE COURVEN THOMAS, Appellee )( OF APPEALS Clerk

MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Now comes the State of Texas, Appellee, in the above styled and numbered cause, and

moves this Court grant an extension of time to file Appellee’s Brief, pursuant to Rule 38.6 of

the Texas Rules of Appellant Procedure, and for good cause shows the following:

1. This case is on appeal from the County Court at Law No. 2 and was styled at

The State of Texas v. Courven Thomas. The trial court cause number is CCL-

14-0533.

2. Notice of Appeal was given on 10/24/14 in the trial court. Notice of Appeal

was filed with this Court on 10/29/14.

3. The clerk’s record was filed on 12/9/14. A supplemental clerk’s record was

filed on 2/13/15. The reporter’s record was filed on 12/15/14.

4. Appellee filed a motion for extension on January 14, 2015 because the trial

had failed to file findings of fact and conclusions of law as required. That

motion was not ruled on by this Honorable Court. Instead, this Court abated

proceedings and ordered the trial court to submit its Findings of Fact and

Conclusions of Law by 2/17/15. Consequently, the appellee has not been given

any previous extensions. 5. Appellee’s Brief is due March 20th, 2015.

6. Appellee’s request a 30 extension.

7. Appellee relies on the following facts as good cause for the requested

extension:

a. The attorney for the State of Texas was originally being handled by

Assistant County Attorney Jennifer Smith. It has since been by the

County Attorney’s office as Assistant County Attorney Chris Eaton.

b. Mr. Eaton is the regular appellant attorney for the Guadalupe County

Attorney’s Office, but also does some appellate work for the Guadalupe

County District Attorney’s Office as it specifically request by that

office. Mr. Eaton is currently working on the State’s brief in Alvin

Valadez Jr. v. State of Texas; 04-14-00626-CR, which is due April 9th,

2015.

c. The trial court’s conclusions of law included an additional issue that

appellate counsel did not originally anticipate and has required addition

research.

d. At the time of the fillings of fact were submitted this attorney was

attending the State Bar’s Dawson’s Juvenile Law Conference in Ft.

Worth, Texas from February 16th, 2015 to February 18th, 2015 (Copy

of Flyer is attached). e. In addition, to his appellant duties, attorney for state is also the juvenile

prosecutor for the Guadalupe County Attorney’s Office, which requires

regular court appearances, including detention hearings three times a

week, weekly adjudication/disposition dockets, and bi-weekly drug

court dockets. In addition, this attorney is preparing for the felony trial

In the Matter of C.M. J-14-112, which is set on April 6th, and April 7th.

f. Attorney for appellee also handles the justice of the peace dockets for

Justices of the Peace No. 1, 2, and 3, with court appears for each. This

includes both trials before the court and jury trials.

WHEREFORE, PREMISES CONSIDERED, Appellee prays that this Court this

Motion To Extend Time to File Appellee’s Brief, and for such other and further relief as the

Court may deem appropriate.

Respectfully Submitted,

Christopher M. Eaton Assistant County Attorney Guadalupe County, Texas 211 W. Court St. Seguin, Texas 78155 SBN:24048234 PHONE:830-303-6130 FAX: 830-379-9491 CERTIFICATE OF SERVICE

I certify that on the 20th day of March, 2015, I delivered a true and correct copy of the

foregoing motion was served on opposing counsel Susan Schoon, via email at

sschoon@zslawoffice.com

_______________________ Christopher M. Eaton Assistant County Attorney Guadalupe County, Texas 211 W. Court St. Seguin, Texas 78155 SBN:24048234 PHONE:830-303-6130 FAX: 830-379-9491