ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00182-CR 

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ROBERT BRYAN FINCH, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

LAMAR COUNTY, TEXAS

TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING BRIEF ____________________________________________________________

 Gary D. Young, County and District Attorney

 Lamar County and District Attorney’s Office

 Lamar County Courthouse

 119 North Main

 Paris, Texas 75460

 (903) 737-2470

 (903) 737-2455 (fax)

 ATTORNEYS FOR THE STATE OF TEXAS

1 

ACCEPTED

06-14-00182-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

3/25/2015 10:02:51 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 3/25/2015 10:02:51 AM DEBBIE AUTREY Clerk
CAUSE NO. 06-14-00182-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ROBERT BRYAN FINCH, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

LAMAR COUNTY, TEXAS

TRIAL COURT NO. 25677; HONORABLE BILL HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING BRIEF ____________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the State of Texas, by and through Gary D. Young, the 

elected County and District Attorney of Lamar County, Texas and the Lamar 

County and District Attorney’s Office, respectfully submits this Motion to 

Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of 

Texas moves this Court pursuant to the Texas Rules of Appellate Procedure 

for an extension of time in which to file the Appellee’s (State’s) Brief upon 

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good cause shown below.

I.

On or about February 23, 2015, Robert Bryan Finch (Finch), the 

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

The appellee’s (State’s) brief is due on Thursday, March 26, 2015. This 

first motion to extend time seeks an additional thirty (30) days for the State 

to file its brief.

II.

This is an appeal from the 6th Judicial District Court of Lamar County, 

Texas. In the District Court, the cause number was 25677.

III.

In this Court, the appellant, Finch, filed a notice of appeal on or about 

October 6, 2014. The District Clerk of Lamar County filed the Clerk’s 

Record on or about November 7, 2014. The official court reporter filed a 

motion for extension of time to file the Reporter’s Record, which this Court 

granted. The court reporter then filed the Reporter’s Record on or about 

December 29, 2014.

The appellant, Finch, filed his first (and only) motion for extension of 

time to file his brief, which this Court granted. On or February 23rd, Finch 

filed his brief.

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IV.

The present deadline for filing the appellee’s (State’s) brief is 

Thursday, March 26, 2015. This Court has not granted a previous extension 

to the appellee (State) in the above-styled and numbered appellate cause.

Since the filing of appellant’s brief on February 23rd, counsel for the 

appellee (State) had a hearing involving a juvenile, Christian Sims, in which 

the State was seeking to certify him as an adult for a murder trial. As the 

month of February drew to a close, counsel for appellee (State) was 

preparing the brief in cause number 06-14-00147-CR styled Asim Shakur 

Rahim v. The State of Texas in the Sixth Court of Appeals at Texarkana. On 

or about February 26th, counsel for the appellee (State) filed the first motion 

for extension of time, which this Court granted on March 3rd and the State 

timely filed its brief on March 19, 2015 (now set for submission without 

argument on April 9, 2015). 

While preparing the brief in cause number 06-14-00147-CR, counsel 

for the appellee (State) was also preparing for jury trials beginning on March 

2, 2015, including cause numbers 25827, 25894 and 25813, which were later 

decided during bench trials in the month of March, 2015. On March 3rd, 

counsel for appellee had a revocation hearing in cause number 24033 styled 

The State of Texas v. Felipe Villegas. On March 4th, which was the same 

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day that Jeffrey W. Shell and Mr. Gary L. Waite were presenting oral 

argument before this Court in cause number 06-14-00096-CR styled Mickey 

Lee Bates v. The State of Texas in Sulphur Springs, Mr. Gary D. Young 

presented two (2) cases to the grand jury of Hopkins County as a special 

prosecutor that afternoon.

In addition to the criminal dockets above, counsel for appellee (State) 

was preparing the briefs in two (2) companion cases in cause numbers 

06-14-00085-CV and 06-14-00084-CV styled $990.00 in U.S. Currency, et 

al. v. The State of Texas and $1,608.00 in U.S. Currency, et. al. in the Sixth 

Judicial District Court of Appeals at Texarkana. This Court accepted the 

briefs on March 3rd and March 5, 2015, respectively. 

During the week beginning March 9th, counsel for the appellee (State) 

was preparing felony cases for the grand jury of Lamar County, which was 

scheduled to meet on March 12th. On March 16th, counsel for appellee 

(State) had a plea-bargain docket for motions to revoke and motions to 

adjudicate guilt, and had a few hearings. On March 17th, counsel for 

appellee (State) had a criminal docket for pre-trial and arraignments. 

Afterwards, counsel for the appellee (State) began trial preparation on cause 

numbers 25636 and 25637 styled The State of Texas v. Glen Rundles in the 

6th Judicial District of Lamar County. On March 20th, counsel for the 

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appellee (State) had scheduled hearings in the 6th Judicial District Court of 

Lamar County, beginning with (1) a motion to hold bond insufficient in 

cause number 26133 styled The State of Texas v. Cinnamon McDaniel; (2) a 

motion to adjudicate guilt in cause number 25641 styled The State of Texas v. 

Alice Swan; (3) a motion to reduce bond in cause numbers 26122, 26150 

styled The State of Texas v. Adelia Carranza; and (4) a motion to reduce 

bond in cause number 26139 styled The State of Texas v. Geoffrey Weeden.

On March 20th, counsel for the appellee (State) was also reviewing 

and preparing new cases for the grand jury of Lamar County. Finally, 

counsel for the appellee (State) was attending a seminar in Austin from 

March 25th to March 27, 2015.

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

to complete the research necessary to prepare the brief in this appellate 

cause, thus necessitating this request for an extension of time. Insufficient 

time now remains to complete Appellee’s Brief, but, if the time is extended 

another thirty (30) days to Monday, April 27, 2015, the State will have 

sufficient time for completion with the time as extended.

V.

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

had by all parties. Appellee requests that an extension of time until 

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Monday, April 27, 2015 be granted for the filing of Appellee’s Brief, or until 

such time as this Court deems appropriate.

WHEREFORE PREMISES CONSIDERED, the State of Texas prays 

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

Court grant the State’s Motion to Extend Time to File Its Brief in its entirety 

and grant the State of Texas an additional thirty (30) days in which to file its 

brief on or before Monday, April 27, 2015, or until such time as this Court 

deems appropriate; and for such other and further relief, both at law and in 

equity, to which it may be justly and legally entitled.

Respectfully submitted,

Gary D. Young

Lamar County & District Attorney

Lamar County Courthouse

119 North Main

Paris, Texas 75460

(903) 737-2470

(903) 737-2455 (fax)

By:________________________________

Gary D. Young, County Attorney

SBN# 00785298

ATTORNEYS FOR STATE OF TEXAS

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VERIFICATION

STATE OF TEXAS §

§

COUNTY OF LAMAR §

BEFORE ME, the undersigned authority, on this day personally 

appeared Gary D. Young, 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 First 

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.

_____________________________

Gary D. Young

STATE OF TEXAS §

COUNTY OF LAMAR §

Subscribed and sworn to before me by Gary D. Young on this the 25th

day of March, 2015, to certify which witness my hand and seal of office.

_____________________________

Notary Public, State of Texas

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CERTIFICATE OF SERVICE

This is to certify that in accordance with Tex. R. App. P. 9.5, a true 

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

been served on the 25th day of March, 2015 upon the following:

Mr. Don Biard

McLaughlin Hutchison & Biard LLP

38 First Northwest

Paris, TX 75460

dbiard@att.net

______________________________

Gary D. Young

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