Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 10:35:00 AM DEBBIE AUTREY Clerk *1 NO. 06-14-00131
CORNELL MCHENRY, § ON APPEAL FROM THE
Appellant § 202 ND JUDICIAL DISTRICT
§ VS. §
§
STATE OF TEXAS, § COURT OF BOWIE COUNY
Appellee § TEXAS
MOTION FOR LEAVE FOR THE BELATED FILING OF APPELLEE’S
BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas by and through her below named Criminal
District Attorney and for its Motion for Belated Filing of Appellee’s Brief states as
follows:
I.
1. This case is pending from the 202 ND Judicial District of Bowie County, Texas.
2. The case is styled State of Texas v. Cornell McHenry , Cause No. 12F0117-202.
3. Appellant was found guilty to the offense of Possession of a Controlled Substance
and sentenced to twenty-five (25) years in the Institutional Division of the Texas
Department of Criminal Justice and a $5,000 fine.
4. Appellant’s Brief was filed on January 21, 2015 making the State’s Brief
originally due on or about February 20, 2015.
6. The State has previously requested one extension of time for filing a brief, making
State’s Brief due on March 23, 2015
7. Appellee has now completed Appellee’s brief and requests leave of this Court for
the belated filing of the same. Appellee’s completed brief is filed simultaneously
with this Motion.
II.
The Brief was not timely prepared in this matter due to the press of the business,
both trial and appellate. Said business includes, but is not limited to, the following
since Appellant’s brief was filed:
Pre-trial conferences and trial preparation on State of Texas v. Antonio
Cochran, 14F0151-202-Sexual Assault, with jury selection and trial beginning
January 20, 2015. Trial lasted from January 20-21, 2015.
Preparation for the trial and pre-indictment dockets for the 202 nd District
Court on February 2, 2015.
Preparation and attendance at the Grand Jury Proceedings on February 5,
2014.
Preparation for the trial and pre-indictment dockets for the 202 nd District
Court on February 13, 2015.
Pre-trial conferences and trial preparation on State of Texas v. Pryce Brooks,
13F0871-202, Sexual Assault of a Child, with jury selection scheduled for
February 17, 2015. Defense motion for continuance filed and granted on
February 13, 2015.
Preparation of brief on Lyndon Anderson, 06-14-00168-CR, which due on
February 19, 2015 and was filed on February 18, 2015.
Jury trial on State of Texas v. Pryce Brooks, February 17-19, 2015.
Preparation for the trial and pre-trial dockets for the 202 nd District Court on
March 2, 2015.
Preparation for the trial and pre-trial dockets for the 202 nd District Court on
March 16, 2015.
Preparation for the trial of State v. Charles Jones, set for trial March 16, 2015.
III.
This motion is made in good faith and not for purposes of delay.
PRAYER
WHEREFORE, the State respectfully requests this Court permit leave for the belated
filing of Appellee’s Brief.
Respectfully submitted, __/s/ Lauren N. Sutton______ LAUREN N. SUTTON Texas Bar No. 24079421 *4 601 Main Street Texarkana, TX 75501 ASSISTANT DISTRICT ATTORNEY 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. Bart Craytor, counsel
for Appellant, on this the 24 th day of March 2015.
__/s/ Lauren N. Sutton______ LAUREN N. SUTTON