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# No. 01

- 14 -00877- CR

FALLON WAGNER § IN THE COURT OF APPE ALS

§

V. § FIRST JUDICIAL DISTRICT

§

THE STATE OF TEXAS § AT HOUSTON , TEXAS

APPELLEE ’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee asks the Court to extend the time to file its brief.

Introduction

1. Appellant is Fallon Wagner ; Appellee is the State of

Texas. No rule provides a deadline to file this motion to extend. See T EX

.

R. A PP . P. 38.6(d). Appellant is unopposed to this motion.

Argument and Authorities

2. The Court has the authority under Texas Rule of

Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s

brief was filed on March 26 , 2015 . Appellee’s brief is due on April 24,

2015. Appellee requests an additional 30 days to file its brief, extending the

time until May 26, 2015. No prior extension has been granted to extend the

time to file the Appellee’ s brief. ACCEPTED

01-14-00877-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/22/2015 2:59:05 PM

CHRISTOPHER PRINE

CLERK2 3. Appellee needs additional time to complete its brief

.

Appellate c ouns el has conducted a thorough review of the record and legal

issues involved in this appeal. Counsel has also made a diligent effort to

complete the brief within the time required under the rules. H owever, an

active criminal docket and conflicts with other s ettings has made completing

the brief before the deadline unworkable. Accordingly, c ounsel respectfully

asks for additional time to finalize her review of the record, and the law

applicable to the case , and complete the State’s brief

.

Prayer

4

. For these reasons, Appellee asks the Court to grant an

extension of time to file its brief until Ma y 26 , 2015

.

Respectfully submitted,

/s/ Cynthia Ericson

_____________________________________ Cynthia Ericson

State Bar No. 24053188

Assistant Criminal Distri ct Attorney

111 East Locust St., Suite 408A
Angleton, Texas 77515

(979) 864

- 1233

(979) 864

- 1712 Fax

c ynthiae @brazoria

- county .com

ATTORNEY FOR THE APP ELLEE,

THE STATE OF TEXAS3 CERTIFICATE OF CONFE RENCE

As required by Texas Rule of Appellate Procedure 10 .1(a)(5), I

certify that I have conferred, or made a reasonable attempt to confer, with all

other parties, which are listed below, about the merits of this motion with the

following results:

Cary Faden

State Bar No. 06768725
Attorney at Law
77 Sugar Creek Blvd., Suite 230
Sugar Land, Texas 77478

(281) 491

- 6182

(281 ) 491

- 0049

– Fax
caryfaden@aol.com

Attorney for the Appellant  opposes motion

 does not oppose motion

 agrees with motion

 would not say whether
motion is opposed

 did not return my

message re garding the

motion

/s/ Cynthia Ericson

__________________________________ Cynthia Ericson
Assistant Criminal District Attorney4 CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and

9.5(b), (d), (e), I certify that I have served this document on all other parties,

which are listed below, on April 22, 2015 :

Cary Faden

State Bar No. 06768725
Attorney at Law
77 Sugar Creek Blvd., Suite 230
Sugar Land, Texa s 77478

(281) 491

- 6182

(281) 491

- 0049

– Fax
caryfaden@aol.com

Attorney for the Appellant By:

 personal delivery

 mail

 commercial delivery

 electronic delivery / fax

/s/ Cynthia Ericson

__________________________________ Cyn thia Ericson
Assistant Criminal District Attorney