Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/6/2015 9:08:06 AM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00120-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/6/2015 9:08:06 AM DEBBIE AUTREY CLERK NO. 06-15-00120-CR IN THE SIXTH COURT OF APPEALS TEXARKANA, TEXAS ______________________________________________________________________________
Trial Court Case No: 14-153-CR From the 87 th Judicial District Court Freestone County, Texas PATRICK DEMON STEWART
APPELLANT V.
THE STATE OF TEXAS
APPELLEE ______________________________________________________________________________
STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
_____________________________________________________________________________
Christopher E. Martin County/District Attorney for Freestone County By: Cari Warner 118 E. Commerce, Suite 305 Fairfield, Texas 75840 Telephone: (903) 389-3977 Facsimile: (903) 389-5289 SBN: 24085690 Email: cari.heinen@co.freestone.tx.us November 6, 2015 *2 IN THE SIXTH COURT OF APPEALS PATRICK DEMON STEWART Appellant v.
THE STATE OF TEXAS Appellee TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, Appellee, moves for an extension of SIXTY (60) days in which
to file Appellee’s Brief, pursuant to T EX . R. A PP . P. 10.5 and shows:
I.
Pursuant to T EX . R. A PP . P.10.5, THE STATE OF TEXAS, moves this Court to allow an
extension of SIXTY (60) days to file Appellee’s Brief. Appellant’s brief was filed on or about
October 9, 2015.
II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE
PROCEDURE A. The deadline for filing the brief : T EX . R. A PP . P. 10.5(b)(1)(A): November 9, 2015.
B. The length of extension sought . T EX . R. A PP . P. 10.5(b)(1)(B): Sixty (60) days.
The facts relied upon to reasonably explain the need for the extension . T EX . R. A PP . P.
10.5(b)(1)(C):
The State’s attorney is the Assistant County Attorney working in a two-attorney office.
This office and its attorneys are engaged in a very large amount of cases including
upcoming multiple criminal trials. Both attorneys in the office will be participating in
the upcoming trials. As well, both attorneys were involved in a Capital Murder trial *3 starting October 19, 2015 and ending October 30, 2015. The State’s Attorney needs
this extension to adequately and sufficiently brief the matters before this Court.
C. Number of previous extensions granted . T EX . R. A PP . P. 10.5(b)(1)(D): None for the
State.
III.
The additional time requested is not sought solely for delay, nor sought frivolously, but
will be of assistance to the State’s attorney in preparing State’s brief.
PRAYER WHEREFORE, PREMISES CONSIDERED, The State of Texas requests that this
Honorable Court grant this Motion and extend the deadline for filing Appellee’s brief for sixty
(60) days, or that this Court grant such additional time as is just and proper.
Respectfully Submitted, Christopher E. Martin County/District Attorney Freestone County By: /s/ Cari Warner ____________________________________ Cari Warner Freestone County, Texas 118 E. Commerce, Suite 305 Fairfield, Texas 75840 Telephone: (903) 389-3977 Facsimile: (903) 389-5289 SBN: 24085690 Email: cari.heinen@co.freestone.tx.us *4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the State’s Brief was
transmitted via EMAIL to Appellant’s Counsel, Stan Schwieger, at wacocrimatty@yahoo.com, on
November 6, 2015.
/s/ Cari Warner ____________________________________ Cari Heinen