Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 3/11/2015 8:37:10 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-14-00156-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS NO. 06-14-00156-CR 3/11/2015 8:37:10 PM DEBBIE AUTREY CLERK SHAWN SMITH * 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 August 26, 2014.
2. The case is styled State of Texas v. SHAWN SMITH , Cause Number 13F-0106-102.
3. Appellant was convicted of the offenses of Aggravated Sexual Assault of a Child (Count 1),
Indecency with a Child by Sexual Contact (Count 2), Injury to a Child (Count 4) and Indecency with
a Child by Sexual Contact (Count 7). Appellant was acquitted of the offense of Assault Causing Bodily
Injury by Occlusion (Count 3) and found guilty of the lesser-included offense of Assault Causing
Bodily Injury. Appellant was acquitted of the offenses of Indecency with a Child by Sexual Contact
(Counts 5 and 6).
4. Punishment was for the offense of Aggravated Sexual Assault of a Child (Count 1) was
assessed at imprisonment for ninety-nine (99) years in the Institutional Division of the Texas
Department of Criminal Justice. Punishment for the offense of Indecency with a Child by Sexual
Contact (Count 2) was assessed at imprisonment for ninety-nine (99) years in the Institutional Division
of the Texas Department of Criminal Justice. Punishment for the offense of Assault Causing Bodily
Injury (lesser-included of Count 3) was assessed at one (1) year in the county jail. Punishment for the
offense of Injury to a Child (Count 4) was assessed at imprisonment for twenty-five (25) years in the
Institutional Division of the Texas Department of Criminal Justice. Punishment for the offense of
Indecency with a Child by Sexual Contact (Count 7) was assessed at imprisonment for ninety-nine (99)
years in the Institutional Division of the Texas Department of Criminal Justice. The sentences for
Counts 1, 3, and 4 are to run concurrently. The sentences for Counts 2 and 7 are to run concurrently.
The sentences for Counts 1 and 2 are to run consecutively.
5. Appellant’s Brief was filed on January 8, 2015, making the State’s Brief originally due on
or about February 9, 2015. The State filed a Motion to Extend Time for Filing State’s Brief on February
9, 2015. The State’s motion was granted, making the State’s Brief due on or about March 11, 2015.
6. The State’s Brief was not timely prepared due to the press of business. Said business
includes, but is not limited to, the following since February 9, 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-0098-102 Richard Darby – Evading Arrest or Detention with a
Vehicle; and 14F-0180-102 Richard Darby – Theft of Property ($1,500 – 20,000). The trial
started on February 17, 2015 and continued 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: 09F-0052-005, James Foster – Deadly Conduct.
Prepare for and attend docket for the 202 nd District Court on March 2, 2015.
Preparation of the following case set for a motion hearing on March 9, 2015 by Judge
Bobby Lockhart of the 102 nd District Court: 14F-0439-102, James Austin Friend – Murder.
Preparation of the following cases set for trial on March 10, 2015 by Judge Bobby
Lockhart of the 102 nd District Court: 14F-0439-102, James Austin Friend – Murder. The
trial started on March 10, 2015 and testimony is continuing through March 12, 2015.
Preparation of the State’s Brief in Justin Sanders v. State in cause number 06-14-
00079-CR, which will be timely filed on March 12, 2015.
PRAYER
WHEREFORE, on the bases of Rule 9.4 of the Texas Rules of Appellate Procedure, the State
Samantha J. Oglesby
respectfully requests this Court to grant the Motion to Extend Length of State’s 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. Troy Hornsby, counsel for Appellant, on this the 11th Samantha J. Oglesby
day of March, 2015.
/s/ SAMANTHA J. OGLESBY