Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/4/2015 3:41:31 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00112-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/4/2015 3:41:31 PM CATHY LUSK CLERK COURT OF APPEALS NO. 12-1S-00112-CR

TRIAL COURT CAUSE NO. B-21,601 o IN THE 12TH COURT

MELISSA BROWNING HERNANDEZ,

APPELLANT o OF APPEALS

VS.

THE STATE OF TEXAS, o

APPELLEE SMITH COUNTY, TEXAS

MOTION FOR EXTENSION OF

TIME TO FILE APPELLEE'S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, the APPELLEE, State of Texas, by and through her Assistant District

Attorney, Daniel Cox, and files this Motion for Extension of Time to File Appellee's Brief and in

support of the same would show the following:

1.

1. Appellee's brief is due on or before August 13,2015

2. Appellee requests an additional 60 days from the current due date of August 13, 2005

to file its brief with the Court.

3. Appellee requests an extension of time for the following reasons:

a. Undersigned counsel is preparing for a jury trial, to begin August 17,2015

b. Undersigned counsel is also responsible for day-to-day dockets and hearings in

the 392 nd Judicial District Court

c. Undersigned counsel has a new trial partner, who has never practiced in a

district court before. Undersigned counsel is responsible for training and

overseeing this new trial partner.

4. This is the first Motion for Extension of Time requested by Appellee.

5. The undersigned is not seeking this extension for the purposes of delay.

WHEREFORE, Appellee requests that the Court grant this Motion and extend the

deadline for filing its brief for 60 days, making the new deadline October 13 2005.

niel Cox Assistant District Attorney 109 W. Corsicana, Ste. 103 Athens, Texas 75751

Bar. No. 24074085

Phone: 903-675-6100 Fax: 903-675-6196

CERTIFICATE OF SERVICE

I, Daniel Cox, do certify that a true and correct copy of the foregoing Motion was delivered to

t)rPellant's Attorney, Ms. Linda Altier, byl?1'I"C...... \ at on this the

-=t-dayof August, 2015. Signed this the cI- day of-L-L..::-.C~~'-'--+ *4 * STATE OF TEXAS *

COUNTY OF HENDERSON

AFFIDAVIT

Before me, the undersigned notary, on this day, personally appeared Daniel Cox, a person

whose identity is known to me. After I administered an oath to him, upon his oath, he said:

"My name is Daniel Cox. I am capable of making this affidavit. The facts stated in this

affidavit are within my personal knowledge and are true and correct.

I am the attorney for the State of Texas vs. Melissa Browning Hernandez in Court of

Appeals Cause No. 12-15-001 12-CR. I have read the foregoing Motion to Extend Time to File

Appellee's Brief and it is true and correct."

Subscribed and sworn to before me this ~~ day of AuQU5t- ,2015