Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 2/19/2015 9:10:49 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-14-00079-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS NO. 06-14-00079-CR 2/19/2015 9:10:49 PM DEBBIE AUTREY CLERK JUSTIN SANDERS * ON APPEAL FROM THE
Appellant *
* 102ND JUDICIAL DISTRICT VS. *
STATE OF TEXAS * COURT OF BOWIE COUNTY
Appellee * TEXAS
SECOND MOTION TO EXTEND TIME FOR FILING STATE’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW the State of Texas by and through her below named Assistant Criminal
District Attorney and pursuant to the Texas Rules of Appellate Procedure and hereby requests a thirty
(30) day extension of the time period for the filing of the State’s Brief and in support of the same
would show the Court as follows:
I.
1. This case is pending from the 102nd Judicial District of Bowie County, Texas. The date of
the judgment is April 2, 2014.
2. The case is styled State of Texas v. JUSTIN SANDERS , Cause Number 13F-1051-102.
3. Appellant was convicted of the offenses of MURDER
4. Punishment was assessed at thirty (30) years in the Institutional Division of the Texas
Department of Criminal Justice and a $5,000 fine.
5. Appellant’s Brief was filed on December 19, 2014, making the State’s Brief originally due
on or about January 19, 2015.
6. The State has previously requested a thirty (30) day extension of time for filing the State’s
Brief on January 19, 2015. The State’s motion was granted, making the State’s Brief due on or about
February 19, 2015.
7. The Brief was not timely prepared in this matter due to the press of the business. Said
business includes, but is not limited to, the following since Appellant’s brief was filed:
Prepare for and attend docket for the 5 th District Court on January 26, 2015.
Prepare for and attend docket for the 202 nd District Court on February 2, 2015.
Prepare for and attend docket for the 102 nd District Court on February 5, 2015.
Prepare for and present cases to the Grand Jury on February 5, 2015.
Preparation of the following case set for a bond hearing on February 5, 2015 by
Judge Leon Pesek of the 202 nd District Court: 14F-0980-202, Brandon Henderson –
Burglary of a Habitation.
Prepare for and attend docket for the 5 th District Court on February 6, 2015.
Prepare for and attend docket for the 102 nd District Court on February 12, 2015.
Prepare for and attend docket for the 5 th District Court on February 17, 2015.
Preparation of the following cases set for trial on February 17, 2015 by Judge Bobby
Lockhart of the 102 nd District Court: 14F-0133-102, Richard Darby – Aggravated Robbery;
14F-0179-102, Richard Darby – Aggravated Robbery; 14F-0252-102, Richard Darby –
Aggravated Robbery; 14F-0521-102, 14F-0098-102, Richard Darby – Evading Arrest of
Detention in a Motor Vehicle; and 14F-0180-102, Richard Darby – Theft ($1,500 –
20,000). The defendant entered pleas of guilty, and the elected for the jury to assess
punishment. A jury was selected on February 17, 2015. Testimony began on February 18,
2015 and will continue through February 20, 2015.
Preparation of the following case set for a bond hearing on February 20, 2015 by
Judge Bill Miller of the 5 th District Court: 14F-1063-005, James Foster – Theft of a Firearm
and 09F-0052-005, James Foster – Deadly Conduct.
Preparation of the State’s Brief in Shawn Smith v. State of Texas , which is due on or
about March 11, 2015.
II.
The State’s attorney has been diligent in pursuing this appeal and is not seeking this
extension for the purpose of delay.
PRAYER
WHEREFORE, on the bases of Rule 73 of the Texas Rules of Appellate Procedure, the State
respectfully requests this Court to grant the Motion for Extension of Time for the filing of the State’s
Samantha J. Oglesby
Brief.
Respectfully submitted, /s/
SAMANTHA J. OGLESBY Texas Bar No. 24070362 601 Main Street
Texarkana, TX 75501 ATTORNEY FOR THE STATE *4 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion to Extend Time for Filing State’s Brief was forwarded to Mr. Craig Henry, counsel for Appellant, on this the Samantha J. Oglesby 19 th day of February, 2015.
/s/ SAMANTHA J. OGLESBY