Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/22/2015 2:59:05 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00877-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/22/2015 2:59:05 PM CHRISTOPHER PRINE CLERK

No. 01-14-00877-CR

FALLON WAGNER § IN THE COURT OF APPEALS

§

V. § FIRST JUDICIAL DISTRICT

§

THE STATE OF TEXAS § AT HOUSTON, TEXAS APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee asks the Court to extend the time to file its brief.

Introduction

1. Appellant is Fallon Wagner; Appellee is the State of

Texas. No rule provides a deadline to file this motion to extend. See T EX .

R. A PP . P. 38.6(d). Appellant is unopposed to this motion.

Argument and Authorities

2. The Court has the authority under Texas Rule of

Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s

brief was filed on March 26, 2015. Appellee’s brief is due on April 24,

2015. Appellee requests an additional 30 days to file its brief, extending the

time until May 26, 2015. No prior extension has been granted to extend the

time to file the Appellee’s brief.

3. Appellee needs additional time to complete its brief.

Appellate counsel has conducted a thorough review of the record and legal

issues involved in this appeal. Counsel has also made a diligent effort to

complete the brief within the time required under the rules. However, an

active criminal docket and conflicts with other settings has made completing

the brief before the deadline unworkable. Accordingly, counsel respectfully

asks for additional time to finalize her review of the record, and the law

applicable to the case, and complete the State’s brief.

Prayer

4. For these reasons, Appellee asks the Court to grant an

extension of time to file its brief until May 26, 2015.

Respectfully submitted,

_____________________________________

111 East Locust St., Suite 408A

Angleton, Texas 77515

(979) 864-1712 Fax

cynthiae@brazoria-county.com

ATTORNEY FOR THE APPELLEE,

THE STATE OF TEXAS

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I

certify that I have conferred, or made a reasonable attempt to confer, with all

other parties, which are listed below, about the merits of this motion with the

following results:

Cary Faden  opposes motion  does not oppose motion Attorney at Law  agrees with motion

77 Sugar Creek Blvd., Suite 230

Sugar Land, Texas 77478  would not say whether motion is opposed

(281) 491-0049 – Fax  did not return my caryfaden@aol.com message regarding the motion

Attorney for the Appellant

__________________________________

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and

9.5(b), (d), (e), I certify that I have served this document on all other parties,

which are listed below, on April 22, 2015 :

Cary Faden By:  personal delivery Attorney at Law  mail

77 Sugar Creek Blvd., Suite 230

Sugar Land, Texas 77478  commercial delivery  electronic delivery / fax (281) 491-0049 – Fax

caryfaden@aol.com

Attorney for the Appellant

__________________________________