CAUSE NO. 06-15-00009-CR

CEDRICK CARLDWELL § IN THE COURT OF APPEALS 

 § 

VS. § FOR THE SIXTH DISTRICT 

§ 

THE STATE OF TEXAS § OF THE STATE OF TEXAS

STATE'S FIRST MOTION TO EXTEND TIME 

FOR FILING STATE’S BRIEF

 THE STATE OF TEXAS, by and through the undersigned Assistant District 

Attorney, respectfully moves the Court to extend the time for filing of the 

Appellee’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate 

Procedure. In support of its motion, the State respectfully offers the following: 

1. The Appellee’s brief is due Monday, August 24, 2015, and I have not 

completed it. This is the State’s first motion to extend time in this case.

 

2. The State seeks an additional 30 days, until Wednesday, September 23, 2015. 

The undersigned will, nonetheless, attempt to complete and file the State’s brief 

prior to the extended deadline. 

3. The undersigned attorney is responsible for all post-conviction prosecution for 

the Gregg County Criminal District Attorney’s Office, including direct appeals 

and applications for habeas corpus, bond forfeitures and traffic citation appeals. 

In the past 30 days the undersigned attorney has worked on the following: 

A. Appellate brief s in three cases: 

 

1. Waldroup v. State, 06-15-00062-CR, filed July 31, 2015.

2. Jackson v. State, 06-15-00036--CR filed Monday, August 17, 

2015. 

3. Alex v.State, 06-15-00054-CR, filed today August 21, 2015. 

ACCEPTED

06-15-00035-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

8/21/2015 4:25:27 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/21/2015 4:25:27 PM DEBBIE AUTREY Clerk
B. Responses to three habeas applications:

1. Ex parte Howard, 37568-A-H-3, filed July 29, 2015.

2. Ex parte Cline, 16,318-A-H-2, filed August 3, 2015.

3. Ex parte Compasano, 44,050 a-h-1 reviewed and returned for 

noncompliance, August 4, 2015. 

C. Response to motion for rehearing in Mallard v. State, 12-15-00012-

CR, filed on August 10, 2015. 

4. In the next 30 days the undersigned attorney has briefing deadlines in the 

following cases in addition to this one:

A. Habeas response for Tems, James Calvin, 31,687-B-H- ?

B. Response, if any, to PDR Schelling v. State, 43,049-B also due August 

24, 2015.

5. Appellant relies on the following facts as good cause for the requested 

extension: The undersigned attorney has completed three briefs, three 

habeas responses, and a response to a motion for rehearing within the last 

thirty days. 

Additionally, I have not been able to read the reporter’s record in this case. 

The copy held by the District Clerk was checked out by Clement Dunn 

(Appellate Counsel to Cedrick Carldwell) and has not been returned, despite 

two requests from the District Clerk at my behest. My email directly to 

Dunn earlier today has gone unanswered, and his telephone voice mailbox is 

full. The court reporter is on vacation. In order to give this brief the attention 

it deserves, I must ask for an extension.
6. This extension is not requested for purposes of delay, but so that justice may 

be done.

Respectfully submitted,

/s/Zan Colson Brown

Zan Colson Brown

Texas Bar No. 03205900

Assistant District Attorney

101 East Methvin St., Suite 333

Longview, TX 75601

Telephone: (903) 236–8440

Facsimile: (903) 236–3701

E-mail: zan.brown@co.gregg.tx.us

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing has been 

forwarded to all counsel of record by electronic transmission to:

Mr. Clement Dunn

140 E Tyler, Suite 240

Longview, Texas 75601

clementdunn@aol.com

This 21st day of August, 2015. 

/s/ ZanColsonBrown

Zan Colson Brown 

 Assistant District Attorney