Case Information

*0 FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 06/14/17 3:51:33 PM SHERRY WILLIAMSON Clerk *1 ACCEPTED 11-16-00336-CR ELEVENTH COURT OF APPEALS EASTLAND, TEXAS 6/14/2017 3:51:33 PM SHERRY WILLIAMSON CLERK

NO. 11-16-00336-CR

KELLY ALEXANDER LEWIS * IN THE COURT OF APPEALS

APPELLANT *

V. * 11TH DISTRICT OF TEXAS

STATE OF TEXAS * AT EASTLAND, TEXAS

APPELLEE

APPELLEE'S MOTION FOR EXTENSION OF

TIME TO FILE BRIEF

Comes now the State of Texas, Appellee in the above cause, and files the State's

Motion for Extension of Time to File Appellee's Brief for the following reasons:

1. The Appellant was convicted of the offense of AGGRAVATED SEXUAL

ASSAULT OF A CHILD IN 7 COUNTS in cause number CR44643 in the

385TH District Court of Midland County, Texas.

2. The Appellant's punishment was assessed at 99 YEARS IN EACH COUNT and

Judgment and sentence was entered against the Appellant on AUGUST 18, 2017.

3. The Appeal in this cause was perfected on NOVEMBER 23, 2016.

4. The deadline for the filing of Appellee's brief is JUNE 14, 2017.

5. No extensions of time to file brief have been previously requested by the Appellee

in this cause.

6. The Appellee requests an extension of time to file the Brief of the Appellee for a

period of 35 days, until JULY 19, 2017.

7. The facts to show good cause of the requested extension are as follows:

a. There are approximately 2700 felony criminal cases and 1000 motions to

revoke probation filed in the District Courts of Midland County, Texas per

year and 17 Assistant District Attorneys to handle this work load. The

Office of the District Attorney of Midland County is unable to complete

the State's Brief in this cause within the time allowed because of the trial

and appellate responsibilities of the Office.

b. The estimated preparation time for the brief in this case is 25 business

days. The State finished and filed the brief in Sherman Ranson v. TSOT,

11-16-00111-CR, on June 13, 2017 and has just started work in the brief

in this case. The State is now devoting its full efforts to finishing the brief

in this case.

This request for an extension of time is not made for the purpose of delay, but to

permit the Appellee to adequately prepare and submit its brief in this case.

The State of Texas and Appellee in this cause prays that this court grant the

extension of time to file Appellee's Brief.

Respectfully submitted

_____________________________

State Bar No. 11079985

Assistant District Attorney

Midland County Courthouse

Midland, Texas 79701

eric_kalenak@co.midland.tx.us

(432) 688-4437

FAX (432) 688-4938

CERTIFICATE OF SERVICE

I hereby certify that a true and correct of the foregoing document was sent on

JUNE 14, 2017 by EFILE to RAYMOND K FIVECOAT, attorney of record for

Appellant.

______________________