Tracy Ray Hass v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 12-14-00189-CR
• Status: Published

Opinion

ACCEPTED 12-14-00189-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/4/2015 9:13:50 AM CATHY LUSK CLERK

NO. 12-14-00189-CR

FILED IN 12th COURT OF APPEALS IN THE TYLER, TEXAS COURT OF APPEALS 3/4/2015 9:13:50 AM 12TH JUDICIAL DISTRICT CATHY S. LUSK Clerk TYLER, TEXAS

TRACY RAY HASS, Appellant

V.

THE STATE OF TEXAS

ON APPEAL IN CAUSE NUMBER 061728 FROM THE 59TH DISTRICT COURT OF GRAYSON COUNTY, TEXAS HON. RAYBURN NALL, presiding

STATE’S MOTION FOR EXTENSION OF TIME TO FILE STATE'S BRIEF

THE HONORABLE JUSTICES OF SAID COURT:

Now comes the State of Texas, by and through her attorney in the

above entitled and numbered cause, and files this Motion for Extension of

Time in which to file the Appellee's Brief, and would show the following:

I. Page 1 of 5 The appellant was convicted of Theft of $1,500 or more but less than

$20,000 and Burglary of a Building on March 19, 2014. After the jury found

two enhancement paragraphs true, the appellant was sentenced to 10

years in prison on each count.

The appellant filed his brief on August 14, 2014. THE APPELLANT

DID NOT SERVE A COPY OF THE BRIEF ON THE STATE. Further, the

notice of electronic filing by this court went to the spam filter on our email

system. The State’s brief was due on September 15, 2014. This case is

set for submission on March 24, 2015.

II.

The State now makes her first request for an extension of time in

which to file the State’s Brief.

III.

The facts relied upon to reasonably explain the need for an extension

of time are as follows:

Page 2 of 5 1. This attorney is the sole attorney responsible for post-

conviction litigation in the Grayson County Criminal District

Attorney’s office. The case was tried by an attorney/attorneys

other that this attorney.

2. THE APPELLANT FAILED TO SERVE A COPY OF THE

BRIEF ON THE STATE. The electronic notice sent by this

court to let us know that the appellant’s brief had been efiled

was sent to the spam filter for our email system. THE STATE

WAS UNAWARE OF IT’S DEADLINE TO FILE THE STATE’S

BRIEF IN THIS CASE UNTIL NOTICE OF SUBMISSION WAS

EMAILED TO OUR OFFICE ON MARCH 4, 2015.

Wherefore, premises considered, the State requests this motion

for extension of time be granted and that the Court extend the time for the

filing of the State’s Brief to MARCH 20, 2015.

/s/ _______________ ATTORNEY FOR THE STATE

KARLA BAUGH HACKETT ASST. CRIMINAL DISTRICT ATTORNEY GRAYSON COUNTY, TEXAS 200 S. CROCKETT SUITE 100

Page 3 of 5 SHERMAN, TEXAS 75090 903/ 813-4361 903/ 892-9933 (FAX) STATE BAR NO. 01923400

Page 4 of 5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above MOTION

FOR EXTENSION OF TIME TO FILE STATE'S BRIEF has this day been

delivered to the attorney for the Appellant, in accordance with the laws of

the State of Texas.

SIGNED MARCH 4, 2015.

/s/ _______________ ATTORNEY FOR THE STATE KARLA BAUGH HACKETT ASST. CRIMINAL DISTRICT ATTORNEY GRAYSON COUNTY, TEXAS

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