Pos t Of fic e Bo x 12548

, Austin

, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • ww w.texasattor neygeneral.gov October 13, 2015

Honorable Abel Acosta Clerk of the Court of Criminal Appeals P.O. Box 12308 Capitol Station Austin, TX 78711

RE: The State of Texas v. James Alan Jenkins Court of Criminal Appeals No. PD-0832- 15

Dear Mr. Acosta:

Enclosed please find an original Unopposed Motion for Extension of Time to File State’s Brief in the above referenced matter. I would ask that you please file this brief in your usual

manner.

By copy of this letter, I am forwarding a copy of same to the Attorney for Appell ee

.
Yours truly,

/s/ Jon R. Meador JON R. MEADOR Assistant Attorney General Office of the Attorney General

Enclosure
cc: George Sechrist, Attorney for Appellee Lisa McMinn, State Prosecuting Attorney PD-0832-15 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 10/13/2015 11:54:30 AM Accepted 10/13/2015 12:18:49 PM

ABEL ACOSTA CLERKCASE NO. PD

- 0832

- 15

THE STATE OF TEXAS, § IN THE COURT APPELLANT § § OF CRIMINAL APPEALS § JAMES ALAN JENKINS
, § OF TEXAS APPELLEE §

STATE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF

TIME TO FILE STATE’S BRIEF

COMES NOW, the State of Texas, by and through its Assistant

District Attorney, Jon R. Meador , and tenders, pursuant to Texas Rules

of Appellate Procedure 10.5(b) and 38.6(d), this motion for an extension

of time to file the State’s brief. In support of this motion, the State would

show:

1. The court below is the Fourteenth District Court of Appeals,

which in cause number 14

- 13

- 00662

- CR

, reversed the judgment of the 359th Judicial District Cour t of Montgomery County Texas in cause no. 12

- 03

- 02579

- CR , there styled the State of Texas v. James Alan Jenkins ;

2. This Court granted the State ’s petition for discretionary review on September 16, 2015 ;

3. The State’s brief is due on October 16, 2015 ;

4. The State is asking for a three

- week extension making the new deadline November 6 , 2015;

5. This is the first request for an extension;6. Appellee’s Counsel, George McCall Secrest, Jr. does not oppose this motion for an extension of time;

7

. The State is requesting this extension so that it might adequately address the complex issues involved in this case, and it is not requested for the purpose of an improper delay;

8

. The State alleges good cause exists for this request to the undersigned’s schedule. At the time this Court granted the State’s Petition for Discretionary Review (PDR) , Counsel was in the middle of drafting responses in other cases in federal court and has since the granting of the PDR filed five answers or responsive pleadings in federal court. Additionally, this case involves issues of first impression and are complex. Since the court of appeals reversed the trial court’s judgment, the State’s position has changed making the drafting of an initial brief more time

- intensive. Con sequently , the undersigned attorney is asking for an additional twenty

- one days to file his brief.

WHEREFORE, premises considered, the State respectfully

requests that this Court grant the State’s first motion for extension of

time for two weeks , until November 6, 2015

.
Respectfully submitted,

/s/ Jon R. Meador Jon R. Meador Assistant Attorney General Office of the Attorney General 300 W. 15th Street Austin, Texas 78701 (512 ) 395

- 4425 State Bar No. 24039051CERTIFICATE OF SERVICE

A true copy of the State’s First Motion to Extend Time has been

mailed to Counsel for Appellant, George McCall Secrest, Jr.

, Bennett &

Secrest, LLP, 808 Travis, 24th Floor, Houston, Texas 77002

- 4177
, and

the State Prosecuting Attorney, Lisa McMinn, P.O. Box 13046, Capitol

Station, Austin, Texas 78711

- 3046

.

/s/ Jon R. Meador JON R. MEADOR Assistant Attorney General