Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/17/2015 4:17:40 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00068-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/17/2015 4:17:40 PM CATHY LUSK CLERK
IN THE COURT OF APPEALS FOR THE
12TH DISTRICT OF TEXAS AT TYLER
ANDREW PJ WHITAKER, §
APPELLANT §
v. § Case No. 12-15-00068-CR &
§ 12-15-00069-CR
THE STATE OF TEXAS, §
APPELLEE §
STATE'S FIRST MOTION FOR EXTENSION OF TIME TO FILE
ANSWER TO APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through her Assistant District
Attorney for Nacogdoches County, and tenders this motion for an extension of
time to file the State's Answer to Appellant's Brief, pursuant to Texas Rules of
Appellate Procedure 10.S(b) and 49.2. In support of this motion, the State would
show the following:
I.
The case is styled Andrew PJ Whitaker v. The State of Texas, and is an
appeal from trial in the 420th District Court in Nacogdoches County, Texas, in
cause numbers F1421007 and F1521497.
II.
Appellant's brief was filed on July 19, 2014, and the State's answer in the
instant case is currently due on August 18, 2015. The State respectfully requests a
30-day extension of time to file the State's answer so that the answer will be due
on September 17, 2015. The State has not previously requested an extension of
time to file an answer.
III.
The extension of time to file is not requested for the purpose of an improper
delay but so that the State might adequately respond to Appellant's motion. The
State alleges good cause exists for the extension due to counsel's preparation and
work on other cases, namely:
• The State of Texas v. Jerome Charez Bryant, Cause Number
F1521805, wherein the defendant is charged with the offense of
Criminally Negligent Homicide. A bench trial is currently
scheduled for August 17, 2015, and jury selection was completed
on August 17, 2015.
• This office was out of town at the 27th annual Crimes Against
Children conference in Dallas from August 9 to August 13.
• Once these matters have been adequately addressed, Appellee will
have the time to devote to this Answer to Appellant's Brief.
WHEREFORE, premises considered, the State respectfully requests that
the Court grant the instant motion and extend the time for filing the State's answer
for 30 days, until September 17, 2015.
Respectfully submitted,
Kevin Belanger
Assistant District Attorney
Nacogodoches County, Texas
State Bar No. 24094534
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036
CERTIFICATE OF SERVICE
A true copy of the State's motion has been served via FAX/certified
mail/hand delivery on counsel for Appellant, Andrew PJ Whitaker, on this, the
17th day of August, 2015.
Kevin Belanger
Assistant District Attorney
Nacogdoches County, Texas
State Bar No. 24094534
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036