State v. Taylor Barrett Atkinson

CourtCourt of Criminal Appeals of Texas
DecidedDecember 21, 2017
Docket14-17-00184-CR
StatusPublished

This text of State v. Taylor Barrett Atkinson (State v. Taylor Barrett Atkinson) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taylor Barrett Atkinson, (Tex. 2017).

Opinion

ACCEPTED 14-17-00184-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/21/2017 10:07 AM CHRISTOPHER PRINE CLERK

No. 14-17-00184-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS for the HOUSTON, TEXAS Fourteenth District of Texas 12/21/2017 10:07:33 AM at Houston CHRISTOPHER A. PRINE Clerk

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No. 14-CCR-176008 In the County Court at Law No. 4 Fort Bend County, Texas

THE STATE OF TEXAS Appellant V. TAYLOR BARRETT ATKINSON Appellee

APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE MOTION FOR REHERING AND EN BANC RECONSIDERATION 

TO THE HONORABLE COURT OF APPEALS:

APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves

for an extension of time within which to file its motion for rehearing and for en banc

reconsideration. In support of its motion, appellee submits the following:

1. Appellee was charged with driving while intoxicated under cause number 13-CCR-166390. The State dismissed this charge and refiled the case under cause number 14-CCR-176008. Appellee filed a motion to dismiss based upon double jeopardy. The trial court granted the motion on February 15, 2017. 2. This court issued a published opinion reversing the trial court’s ruling on December 7, 2017.

3. A motion for rehearing is due on December 22, 2017.

4. Appellee seeks an extension to file his motion for rehearing and en banc reconsideration until January 22, 2017.

5. The following facts are relied upon to show good cause for the requested extension:

a. Counsel will be out of town for the holiday. b. Counsel has a motion for rehearing due in Rivers v. State, AP-77,051.

6. Appellee’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, appellee prays that this Court will grant the requested

extension.

Respectfully submitted,

/s/MANDY MILLER Attorney for appellee 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com

2 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been delivered via

electronic service to the following address:

Fort Bend County District Attorney’s Office ATTN: Gail Kikawa McConnell Gail.McConnell@fortbendcountytx.gov

/s/MANDY MILLER Attorney for appellee 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com

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State v. Taylor Barrett Atkinson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-barrett-atkinson-texcrimapp-2017.