ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00172-CR 

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

GERALD MAC LOWREY, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

LAMAR COUNTY, TEXAS

TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) SECOND 

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

06-14-00172-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

4/15/2015 11:54:07 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 4/15/2015 11:54:07 AM DEBBIE AUTREY Clerk
ORAL ARGUMENT WAIVED

CAUSE NO. 06-14-00172-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

GERALD MAC LOWREY, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

LAMAR COUNTY, TEXAS

TRIAL COURT NO. 25492; HONORABLE WILL BIARD, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) SECOND 

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 Second 

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

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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 good cause shown below.

I.

On or about February 12, 2015, Gerald Mac Lowrey (Lowrey), the 

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

The appellee’s (State’s) brief is due on Wednesday, April 15, 2015.

This second 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 25492.

III.

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

about August 18, 2014. The District Clerk of Lamar County filed the 

Clerk’s Record on or about November 14, 2014. The official court reporter 

filed the Reporter’s Record on or about December 9, 2014.

The appellant, Lowery, filed the first (of two) motions for extension of 

time to file his brief, which this Court granted initially on or about January 

9, 2015. After this deadline, Lowery filed his brief along with a second 

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motion for extension of time, which this Court granted on or about February 

12, 2015. This Court accepted the appellant’s brief on February 12th. 

IV.

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

Wednesday, April 15, 2015. On one previous occasion, this Court granted 

an extension to the appellee (State) in the above-styled and numbered 

appellate cause. This Court granted that first motion to extend time on 

March 16, 2015.

Since the granting of the State’s first motion to extend time on March 

16th, 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. Counsel for the appellee (State) filed the 

brief on March 19, 2015, and that appellate cause was set for submission 

without oral argument on April 9, 2015. In addition to Rahim, counsel for 

the appellee (State) was preparing the brief in cause number 

06-14-00182-CR styled Robert Bryan Finch v. The State of Texas in the 

Sixth Court of Appeals at Texarkana, and that brief is currently due on or 

before April 16, 2015.

In addition to two (2) appellate briefs, as mentioned above, counsel 

for the appellee (State) had criminal dockets, including a plea-bargain docket 

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and a few hearings for motions to revoke and motions to adjudicate guilt on 

March 16, 2015. 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 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. On March 30th, counsel for the appellee 

(State) had a jury trial set in cause numbers 25636 and 25637 styled The 

State of Texas v. Glen Rundles in the 6th District Court of Lamar County. 

During that week of March 30th, counsel for appellee (State) spent several 

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days getting ready for trial that included a competency trial. On Monday, 

April 6th, counsel for appellee (State) had another jury-trial setting in cause 

number 25827 styled The State of Texas v. Stacy Littlejohn in the 6th District 

Court of Lamar County, which required several days getting ready for the 

jury trial that started on April 9, 2015. In addition to that jury trial, counsel 

for the appellee (State) had a grand jury scheduled for April 9th. Finally, 

counsel for the appellee (State) had a revocation hearing set for April 15th in 

cause number 25684 styled The State of Texas v. Zachary Patridge in the 6th

District Court of Lamar County.

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

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 Friday, May 15, 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 Friday, 

May 15, 2015 be granted for the filing of Appellee’s Brief, or until such time 

as this Court deems appropriate.

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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 Friday, May 15, 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 

Second 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 15th

day of April, 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) Second Motion to Extend Time for Filing 

Brief has been served on the 15th day of April, 2015 upon the following:

Gary L. Waite

Attorney at Law

104 Lamar Avenue

Paris, TX 75460

garywaite@sbcglobal.net

______________________________

GARY D. YOUNG

gyoung@co.lamar.tx.us

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