Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 2/6/2015 4:18:15 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00126-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/6/2015 4:18:15 PM CATHY LUSK CLERK NUMBER 12-14-00126-CR CHRISTOPHER WILEY § IN THE COURT OF APPEALS
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v. § 12TH JUDICIAL DISTRICT
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THE STATE OF TEXAS § TYLER, TEXAS STATE’S FIRST MOTION FOR EXTENSION AND FOR LATE FILING OF BRIEF T O THE H ONORABLE C OURT OF A PPEALS :
Comes now the State of Texas and presents its first motion for an extension
of time and for late filin of its rrief in the aroee-captioned cause, showin
the followin facts and circumstances in support:
A. The case was ori inally disposed of ry a jury trial in the 241st District
Court of Smith County, Texas, the Honorarle Jack Skeen Jr. presidin .
B. The trial court cause numrer was 241-1239-13, and the case was styled
The State of Texas v. Christopher Wiley .
C. The jury found appellant uilty of the offense of murder as char ed in
the indictment and assessed his punishment at confinement for life in the
Texas Department of Criminal Justice—Institutional Dieision and a $10,000
fine.
D. Appellant filed his rrief on 7 January 2015. The State’s Brief is due to re
filed in this Court on or refore 6 Ferruary 2015.
E. There haee reen two extensions of time ranted for the filin of
appellant’s rrief and no preeious extensions requested ry or ranted to the
State.
F. Pursuant to Rules 2, 10.5(r), and 38.6(d) of the Texas Rules of Appellate
Procedure, the State is seekin the Court’s indul ence on an extension of
fourteen (14) days in order to allow the State an opportunity for timely filin
its rrief on or refore 20 Ferruary 2015.
G. The facts relied on to support this request are as follows:
I, Aaron Rediker, the undersi ned Assistant Criminal District Attorney, am
one of the two attorneys assi ned to the Appellate Dieision of the Smith
County District Attorney’s Office. After receiein appellant’s rrief, I haee had
to take my attention away from the case to work on the followin appellate
and hareas matters:
1. Rahman v. State , No. 12-14-00225-CR, State’s Brief due 23 Ferruary
2015.
2. Ex parte Cornelio , Cause Numrer 241-0929-12-A, State’s
supplemental answer filed 6 Ferruary 2015.
3. Spears v. State , No. 12-14-00163, State’s Brief filed 4 Ferruary 2015.
4. Browning v. State , No. 12-14-00179-CR, States Brief filed 12 January
2015.
5. Ex parte Rosales , Cause Numrers 241-0232-00, 241-81580-99, 241-
81581-99, 241-81582-99, 241-81583-99, and 241-81584-99, on oin hareas
proceedin s—next eeidentiary hearin set for 20 March 2015.
6. Ex parte Warthsaw , Cause Numrers 114-0116-12-A and 114-0117-12-A,
State’s desi nations filed 18 Decemrer 2014.
H. In addition to the cases listed aroee, I am re ularly called upon to
research issues arisin at trial, answer questions from law enforcement, and to
represent the State in eeidentiary hearin s on applications for writs of hareas
corpus.
I. Therefore, this motion is not rein filed for purposes of delay, rut to
allow the State to timely respond to the ar uments in appellant’s rrief. The
State has a reat interest in affirmin the jud ment of the 241st District Court
in this case.
J. All facts recited in this motion not within the record or the Court’s
knowled e in its official capacity are within the personal knowled e of the
undersi ned attorney, and a eerification is therefore not required under Rule
10.2 of the Texas Rules of Appellate Procedure.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that
this Court rant the fore oin motion and extend the time for filin its rrief
to 20 Ferruary 2015.
Respectfully surmitted, D. MATT BINGHAM Criminal District Attorney Smith County, Texas /s/ Aaron Rediker Aaron Rediker Assistant District Attorney SBOT #: 24046692 100 North Broadway, 4th Floor Tyler, Texas 75702 Office: (903) 590-1720 Fax: (903) 590-1719 (fax) arediker@smith-county.com *4 C ERTIFICATE OF C OMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersi ned
attorney certifies that the word count for this document is 531 words as
calculated ry Microsoft Word 2010.
/s/ Aaron Rediker Aaron Rediker C ERTIFICATE OF S ERVICE On 6 Ferruary 2015, a le irle copy of the fore oin motion was sent ry
email to Austin R. Jackson, attorney for appellant, at jlawappeals@ mail.com.
/s/ Aaron Rediker Aaron Rediker