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No. 01-14-00877-CR

FALLON WAGNER § IN THE COURT OF APPEALS

§

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 TEX.

R. APP. 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/22/2015 2:59:05 PM CHRISTOPHER A. PRINE Clerk
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3. Appellee needs additional time to complete its brief. 

Appellate counsel 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. However, an 

active criminal docket and conflicts with other settings has made completing 

the brief before the deadline unworkable. Accordingly, counsel 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 May 26, 2015.

Respectfully submitted,

/s/ Cynthia Ericson

_____________________________________

Cynthia Ericson

State Bar No. 24053188

Assistant Criminal District Attorney

111 East Locust St., Suite 408A

Angleton, Texas 77515

(979) 864-1233

(979) 864-1712 Fax

cynthiae@brazoria-county.com

ATTORNEY FOR THE APPELLEE,

THE STATE OF TEXAS
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CERTIFICATE OF CONFERENCE

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 regarding the 

motion

/s/ Cynthia Ericson

__________________________________

Cynthia Ericson

Assistant Criminal District Attorney
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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, Texas 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

__________________________________

Cynthia Ericson

Assistant Criminal District Attorney