Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 1:55:51 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-14-00149-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 1:55:51 PM DEBBIE AUTREY CLERK
06-14-00149-CR
RAYMOND EARL BARNETT, § IN THE COURT OF APPEALS
Appellant §
V. § SIXTH JUDICIAL DISTRICT
§
STATE OF TEXAS, § TEXARKANA, TEXAS
Appellee §
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
COMES NOW the State of Texas, by and through her assistant criminal district
attorney and presents this Motion for Extension of Time to File Brief , and in support
thereof would respectfully show the Court the following:
1. The brief in this case is due to be filed on or before March 26, 2015. There have
been no extensions of time requested by or granted to the State.
2. On March 23, 2015, counsel for the State was required to appear as lead trial
counsel in cause nos. CR-14-25037 and CR-14-25042, each styled State of Texas
v. Andrew Scott Arnold , and in cause no. CR-14-25162, the State of Texas v.
Davey Lynn Cooper , in the 336 th District Court of Fannin County, Texas. Said
causes were ultimately resolved by plea agreement, State v. Cooper on March 20
and State v. Arnold on March 23. Although counsel for the State was not required
to try these cases, he was nonetheless required to expend considerable effort in
preparing them for trial.
3. On April 13, 2015, counsel for the State is scheduled to appear as supervising
counsel in cause nos. CR-14-25215, styled State of Texas v. Roger Lynn Haley,
Jr. , and cause no. CR-14-25152, State of Texas v. William White , in the 336 th
District Court of Fannin County, Texas. Counsel is also scheduled to appear as
lead counsel in cause no. CR-14-24912, State of Texas v. Dillon Mosley , on that
same date.
4. In mid-February 2015, counsel’s court partner abruptly resigned, effectively
doubling counsel’s caseload and leaving counsel to assume several administrative
and supervisory duties within the Criminal District Attorney’s office. While a
replacement has been selected and approved by the commissioner’s court, he will
not be available to begin work until March 30, 2015.
5. The amount of preparation required for the above-described trials, as well as the
expanded workload required of counsel has deprived him of a sufficient
opportunity to review the record in this case and prepare an adequate response to
Appellant’s points of error.
WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully prays
this Court grant its motion and allow the State a 30-day extension of time in which to file
its brief in this matter. The State further requests any and all such additional relief as this
Court may deem just and appropriate.
Dated: March 25, 2015
Respectfully submitted,
/s/ John B. Setterberg
John B. Setterberg
State Bar No. 24043915
Assistant Criminal District Attorney
Fannin County, Texas
101 E. Sam Rayburn Dr., Ste. 301
Bonham, Texas 75418
903-583-7448
903-583-7682 (fax)
CERTIFICATE OF SERVICE
The undersigned hereby represents that a true and correct copy of the foregoing
was delivered to counsel for Appellant by electronic mail and deposit in counsel’s
mailbox in the Criminal District Attorney’s office on this the 25 th day of March, 2015.
/s/ John B. Setterberg
John B. Setterberg
Assistant Criminal District Attorney
Fannin County, Texas