Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/10/2015 11:45:24 AM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00010-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/10/2015 11:45:24 AM DEBBIE AUTREY CLERK ORAL ARGUMENT WAIVED CAUSE NO. 06-15-00010-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
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LARRY JOE McNEAL, Appellant THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY;
TRIAL COURT NO. 61963; H ONORABLE M.C. SUPERVILLE, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND MOTION
TO EXTEND TIME FOR FILING BRIEF
____________________________________________________________
Gary D. Young, County and District Attorney Lamar County and District Attorney’s Office Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax) ATTORNEYS FOR THE STATE OF TEXAS *2 ORAL ARGUMENT WAIVED CAUSE NO. 06-15-00010-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
____________________________________________________________
LARRY JOE McNEAL, Appellant THE STATE OF TEXAS, Appellee ____________________________________________________________
ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY;
TRIAL COURT NO. 61963; H ONORABLE M.C. SUPERVILLE, JUDGE ____________________________________________________________
APPELLEE’S (STATE’S) SECOND MOTION
TO EXTEND TIME FOR FILING BRIEF
____________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through Gary D. Young,
the elected County and District Attorney of Lamar County, Texas and the
Lamar County and District Attorney’s Office, respectfully submits this
Second Motion to Extend Time to File Brief under Tex. R. App. P. 10 and
38. The State of Texas moves this Court pursuant to the Texas Rules of
Appellate Procedure for an extension of time in which to file the Appellee’s
(State’s) Brief upon good cause shown below.
I.
On June 17, 2015, Larry Joe McNeal (McNeal), the appellant, filed
his brief in the above-styled and numbered cause. On July 17 , the State
filed a motion to extend time to file its brief, which this Court granted on
July 21, 2015.
The State’s brief is currently due on or before August 7, 2015.
This motion to extend time seeks an additional three (3) days for the
State to file its brief.
II.
This is an appeal from the County Court of Lamar County, Texas. In
that Court, the cause number was 61963.
III.
On or about January 16, 2015, the appellant filed his notice of appeal
in this Court. The district clerk filed the Clerk’s Record on or about
February 27, 2015. The official court reporter filed the Reporter’s Record
on or about April 13, 2015.
The appellant, McNeal, filed his brief on June 17, 2015.
IV.
The present deadline for filing the appellant’s (State’s) brief was
Friday, August 7, 2015. On or about July 23 rd , Pam Bull, the chief deputy
with the Lamar County and District Attorney’s Office called this Court and
advised that she would be on vacation, but would return on Monday, August
10, 2015.
Due to these circumstances, counsel for the appellee (State) was
unable to timely e-file its completed brief on Friday, August 7, 2015. But,
the State will be filing its completed brief on Monday, August 10 and
respectfully requests this Court to grant a three-day reasonable extension of
time.
The purpose of this motion is not for delay, but so that justice may be
had by all parties. Appellee requests that an extension of time until Monday,
August 10, 2015 be granted for the filing of Appellee’s Brief.
WHEREFORE PREMISES CONSIDERED, the State of Texas prays
that upon final submission of this motion to this Court’s motion docket, this
Court grant the State’s Second Motion to Extend Time to File Its Brief in its
entirety and grant the State of Texas an additional three (3) days in which to
file its brief on Monday, August 10, 2015; and for such other and further
relief, at law and in equity, to which it may be justly and legally entitled.
Respectfully submitted, Gary D. Young Lamar County & District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (903) 737-2470 (903) 737-2455 (fax) By:________________________________ Gary D. Young, County Attorney SBN# 00785298 ATTORNEYS FOR STATE OF TEXAS VERIFICATION STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally
appeared Gary D. Young, who after being duly sworn stated:
I am the attorney representing the Appellee in the above-styled
and numbered appellate cause. I have read the foregoing Second
Motion to Extend Time to File Appellee’s Brief and the facts and
allegations contained are known to me and they are true and correct to
the best of my knowledge.
_____________________________ Gary D. Young *6 SUBSCRIBED AND SWORN TO BEFORE ME on the 10th day of
August, 2015, to certify which witness my hand and official seal.
Notary Public, State of Texas CERTIFICATE OF SERVICE This is to certify that in accordance with Tex. R. App. P. 9.5, a true
copy of the “Appellee’s (State’s) Second Motion to Extend Time for Filing
Brief has been served on the 10 day of August, 2015 upon the following:
Don Biard
McLaughlin, Hutchison & Biard
38 First Northwest
Paris, TX 75460
______________________________ GARY D. YOUNG gyoung@co.lamar.tx.us