Case Information

*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/28/2015 11:26:38 AM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00052-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/28/2015 11:26:38 AM DEBBIE AUTREY CLERK ORAL ARGUMENT WAIVED CAUSE NOS. 06-15-00052-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

___________________________________________________________

RALPH BARBA, JR., Appellant V.

THE STATE OF TEXAS, Appellee ___________________________________________________________

ON APPEAL FROM THE 102 ND JUDICIAL DISTRICT COURT

RED RIVER COUNTY, TEXAS; HONORABLE BOBBY LOCKHART’

TRIAL COURT NO. CR02113 ___________________________________________________________

APPELLEE’S (STATE’S) SECOND MOTION

TO EXTEND TIME FOR FILING BRIEF

____________________________________________________________

Val J. Varley Red River County and District Attorney Red River County Courthouse 400 North Walnut Street Clarksville, Texas 75426-4012 (903) 427-2009 (903) 427-5316 (Fax) ATTORNEYS FOR STATE OF TEXAS *2 CAUSE NO. 06-15-00052-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

___________________________________________________________

RALPH BARBA, JR., Appellant V.

THE STATE OF TEXAS, Appellee ___________________________________________________________

ON APPEAL FROM THE 102 ND JUDICIAL DISTRICT COURT

RED RIVER COUNTY, TEXAS; HONORABLE BOBBY LOCKHART’

TRIAL COURT NO. CR02113 ___________________________________________________________

APPELLEE’S (STATE’S) SECOND MOTION TO EXTEND

TIME FOR FILING BRIEF

____________________________________________________________

TO THE HONORABLE SIXTH COURT OF APPEALS AT TEXARKANA:

COMES NOW, the State of Texas, by and through the elected County

& District Attorney, Val J. Varley, and the Red River County & District

Attorney’s office (“the State”), respectfully submits this Motion to Extend

Time to File the Appellee’s (State’s) Brief under Rules 10 and 38 of the

Texas Rules of Appellate Procedure. The State moves this Court pursuant

to the Texas Rules of Appellate Procedure for an extension of time in which

to the Appellee’s (State’s) Brief upon good cause shown below.

I.

On or about October 21, 2015, the appellant (Ralph Barba, Jr.) filed

his brief in the above-styled and numbered appellate cause.

The State’s Brief was due on or before Monday, December 21, 2015.

The State seeks an additional seven (7) days in which to file its brief.

II.

This is an appeal from the 102 ND Judicial District Court of Red River

County, Texas. The District Court cause number was CR2113.

III.

In this Court, the appellant filed his Notice of Appeal on or about

March 26, 2015. The District Clerk of Red River County filed the Clerk’s

Record on or about June 17, 2015. The official court reporter filed the

Reporter’s Record on or about August 20, 2015.

IV.

The present deadline for filing Appellee’s (State’s) Brief was Monday,

December 21, 2015. On one previous occasion, the State sought an

extension of time to file its brief, which this Court granted on November 19,

2015.

V.

Since November 19 th , counsel for the appellee (State) was preparing

for the scheduled grand jury proceedings, which occurred on November 24 th .

The Thanksgiving holidays followed on November 25-26 th , which were

county holidays in Red River County. On November 30 th , counsel for the

appellee (State) had scheduled appointments to meet with witnesses in the

re-trial of cause number CR01125 styled The State of Texas v. Billy Ray

Bryant in the 102 nd District Court of Red River County. See Ex parte

Bryant , 449 S.W.3d 82 (Tex. Crim. App. 2014); Bryant v. State , 282 S.W.3d

156 (Tex. App.--Texarkana 2009, pet. ref’d).

From December 1 st through December 4 th , counsel for the appellee

(State) attended the annual, elected prosecutor conference at the Cantera

Resort in San Antonio. On Monday, December 7 th , counsel for the appellee

(State) had a criminal docket (pre-trials, revocations and pleas) in the 102 nd

District Court of Red River County. On Tuesday, December 8 th , counsel

had a criminal docket in the County Court of Red River County. After

December 8 th , counsel for the appellee (State) had a scheduled criminal

docket (arraignments, revocations and pleas) for December 14 th in the 6 th

Judicial District Court of Red River County. During the week of December

14 th , counsel for the appellee (State) was preparing cases for grand jury

proceedings on December 22, 2015.

Finally, the County and District Attorney’s Office of Red River

County was closed on each Friday during the month of December, 2015

(December 4 th , December 11 th and December 18 th ). The Christmas holidays

fell on Thursday, December 24 th and Friday, December 25, 2015.

Due to these circumstances, counsel for the appellee (State) was

unable to complete the necessary research to prepare the appellee’s (State’s)

brief in this appellate cause, thus necessitating this second request for an

extension of time. Counsel for the appellee (State) sent an e-mail to this

Court with its explanation for the delay. If the time is extended one week or

seven (7) days to Monday, December 28 th , the State will have sufficient time

to file its completed brief.

VI.

The purpose of this motion is not for delay, but so that justice may be

had by all parties. As the appellee, the State requests that an extension of

time be granted until Monday, December 28, 2015 for the filing of

Appellee’s (State’s) Brief.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays

that upon final submission of this motion to the Court’s motion docket, this

Court grant this Second Motion to Extend Time to File Appellee’s (State’s)

Brief in its entirety and grant an additional thirty (30) days in which to file

its Brief on or before Monday, December 28, 2015; and for such other and

further relief, both at law and in equity, to which it may be justly and legally

entitled.

Respectfully submitted, Val J. Varley Red River County and District Attorney Red River County Courthouse 400 North Walnut Street Clarksville, Texas 75426-4012 (903) 427-2009 (903) 427-5316 (Fax) By:__/s/Val Varley_________________ Val J. Varley SBN # 20496580 valvarley@valornet.com ATTORNEYS FOR THE STATE OF TEXAS *7 VERIFICATION THE STATE OF TEXAS §

§

COUNTY OF RED RIVER §

BEFORE ME, the undersigned authority, on this day personally

appeared Val J. Varley, 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.

/s/Val Varley__________________ Val J. Varley *8 CERTIFICATE OF SERVICE This is to certify that in accordance with Tex. R. App. P. 9.5, a true

copy of the Motion to Extend Time for Filing Appellee’s (State’s) Brief has

been served on the 28 th day of December, 2015 upon the following:

Don Biard

Attorney at Law

38 First Northwest

Paris, TX 75460

/s/Val Varley___________ VAL J. VARLEY valvarley@valornet.com

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