Case Information
*0 FILED IN 9th COURT OF APPEALS BEAUMONT, TEXAS 12/13/2017 9:46:56 AM CAROL ANNE HARLEY Clerk *1 ACCEPTED 09-17-00133-CR NINTH COURT OF APPEALS BEAUMONT, TEXAS 12/13/2017 9:46 AM CAROL ANNE HARLEY CLERK
CAUSE NO. 09-17-00133-CR
JAMES DWAYNE CROWLEY § IN THE COURT OF APPEALS FOR
§
V. § THE NINTH DISTRICT OF TEXAS,
§
THE STATE OF TEXAS § AT BEAUMONT, TEXAS
____________________________________________________
STATE’S MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district
attorney, and moves the Court for an extension of time to file its appellate brief in the
above-captioned case. The State would respectfully show the Court the following:
1. On March 22, 2017, a jury found the appellant guilty of aggravated
robbery and assessed his punishment at life imprisonment.
2. The appellant filed his notice of appeal on March 31, 2017.
3. The appellant filed his brief on November 13, 2017.
4. The State’s brief is due to be filed in this Court on December 13, 2017.
5. The State has not previously requested extension of time to file its brief. The State hereby requests a 30-day extension of time to file its brief, until
June 9, 2017. *2 Good cause exists for the requested extension of time, for the following
reasons:
In the past thirty days, the undersigned counsel for the State has been
require to prepare and file the State’s motion to designate factual issues for
resolution in Ex parte William Stephen Carpenter , Cause No.
14-03-03494-CR-(3); the State’s motion to designate factual issues for
resolution in Ex parte Barron Washington , Cause No. 15-10-11054-CR-(2);
the State’s answer to application for post-conviction writ of habeas corpus in
Ex parte Kenneth Dale Hardy , Cause No. 13-05-05833-CR-(1); and the
State’s brief in Trenard Jermaine Smith v. The State of Texas , Cause No.
09-17-00081-CR.
Our office was also closed on November 23rd and November 24th
2017 for the Thanksgiving holiday.
Consequently, counsel has not had sufficient time to prepare an
adequate State’s brief in this case.
THEREFORE, the State requests an extension of time to file its brief until
January 12, 2017, in this case.
Respectfully submitted,
B RETT W. L IGON
District Attorney
Montgomery County, Texas
/s/ Philip S. Harris
P HILIP S. H ARRIS
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 24086583
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
E-mail: Philip.Harris@mctx.org
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was sent
by e-mail to Michael T. Griffin, attorney for the appellant, at
mtg@griffinandcain.com, on the date of the filing of the original with the Clerk of
this Court.
/s/ Philip S. Harris
P HILIP S. H ARRIS
Assistant District Attorney
Montgomery County, Texas