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Cause No. 12-15-00039-CR

In the Court of Appeals for the 

Twelfth Judicial District at Tyler, Texas

Taurus Jenkins,

Appellant

v.

State of Texas,

Appellee

On Appeal from Cause No. 2014-0191 in the 159th 

Judicial District Court of Angelina County, Texas

State’s Third Motion for Extension (Unopposed)

To the Honorable Justices of this Court:

Appellee, State of Texas, moves for a 3-day extension of time to file its 

brief.

I.

Undre the Texas Rules of Appellate Procedure, the general deadline to file 

an appellee’s brief is 30 days after the date the appellant’s brief was filed. Tex. R. 

ACCEPTED

12-15-00039-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/21/2015 10:27:17 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/21/2015 10:27:17 PM PAM ESTES Clerk
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App. P.38.6(b). Appellant’s Brief was filed on October 7, 2015, giving the State 

until Friday November 6, 2015 to file its brief. On Thursday November 12, 2015 

the State was granted a 30-day extension of time in which to file its brief, giving 

the State until Monday December 7, 2015 to file its brief. On December 9, 2015 

the State was granted a 14-day extension of time in which to file its brief, giving 

the State until Monday December 21, 2015 to file its brief.

The State of Texas now requests a 3-day extension of time in which to file 

its brief.

II.

Good cause exists for allowing the State additional time to file its brief for 

the following reasons:

1. Counsel for the State suffered a broken leg and broken ankle on 

November 2, 2015 which required surgery on November 10, 2015. Counsel for the 

State was out of work from Monday November 2, 2015 until Friday December 11, 

2015.

2. Counsel for the State has had numerous sentencing hearings (one 

requiring a trial court brief), a suppression hearing, and two non-jury trials over the 

last week.
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3. Counsel for the State has over 20 cases in which she is lead counsel 

on that are set for jury selection on Monday January 4, 2016 which counsel is 

trying to prepare for trial.

4. Counsel for the State has substantially completed the brief and is 

requesting an extra three days to edit the brief.

5. Counsel for the Appellant is unopposed to this extension.

III.

From the above-listed reasons, the State has demonstrated that good cause 

for the failure to be able to submit its brief by the Court’s deadline. This is the 

State’s first motion for extension, and it is not brought for purposes of delay or 

harrassment, but to see that justice is done.

Wherefore, Appellee State of Texas prays that the Court grant its requested 

3-day extension to file its State’s Brief in this matter.

Respectfully Submitted,

/s/ April Ayers-Perez

Assistant District Attorney

Angelina County D.A.’s Office

P.O. Box 908

Lufkin, Texas 75902

(936) 632-5090 phone

(936) 637-2818 fax

State Bar No. 24090975
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ATTORNEY FOR THE

STATE OF TEXAS

Certificate of Service

I certify that on December 21, 2015, a true and correct copy of the above 

document has been forwarded to Al Charanza, by electronic service through 

efile.txcourts.gov.

/s/ April Ayers-Perez

Certificate of Conference

I certify that on December 21, 2015, I conferred with Al Charanza about this 

motion, and certify that he was unopposed to a 3-day extension.

/s/ April Ayers-Perez