1 ORAL ARGUMENT WAIVED

CAUSE NOS. 06

- 15

- 00074

- CR and 06

- 15

- 00075 -CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________ GLENN EDWIN RUNDLES, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________
ON APPEAL FROM THE 6 TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NOS. 25636 & 25637; HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________



## APPEL LEE’S (STATE’S) SECOND MOTION TO EXTEND TIME TO FILE BRIEF

____________________________________________________________ Gary D. Young Lamar County and District Attorney Lamar County Courthouse 119 North Main Paris, Texas 75460 (9 03) 737

- 2470 (903) 737

- 2455 (fax)

ATTORNEYS FOR THE STATE OF TEXAS ACCEPTED 06-15-00074-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/19/2015 11:16:53 AM DEBBIE AUTREY

CLERK2 CAUSE NOS. 06

- 15

- 00074

- CR and 06

- 15

- 00075

- CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________ GLENN EDWIN RUNDLES, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________
ON APPEAL FROM THE 6 TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL C OURT NOS. 25636 & 25637; HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________ 

# APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF

____________________________________________________________
TO THE HONOR ABLE 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 Fi le 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 upon3 good cause shown below.

I.

On or about Septemb er 24, 2015, the appellant, Glenn Edwin Rundles

(Rundles), filed his brief in the above

- styled and numbered appellate causes.

The appellee’s (State’s) brief is due on or before November 25, 2015.

This motion to extend time seeks an additional five (5) days from

November 25 th for the State to file its brief. The State asks for an extension

until Monday, November 30 th to file its brief.

II.

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

Texas. In t he District Court, the cause numbers were 25636 and 25637.

III.

On or about May 11, 2015, the appellant (Rundles) filed his notice of

appeal in this Court. By electronic filing or about June 12, 2015, the

District Clerk of Lamar County filed the Clerk’s Record. The official court

reporter filed the Reporter’s Record on or about along with the exhibits on or

about July 10, 2015.

The appellant (Rundles) filed his first motion to extend time to file his

brief, which this Court granted on or about August 6, 2015. The appellant

then filed his second motion, which this Court granted on or about4 September 15, 2015. Then, Rundles filed his appellant’s brief on

September 24, 2015.

On or about October 26 th , the appellee (State) filed its first motion to

extend t ime, which this Court granted. The appellee’s (State’s) brief is

currently due on or before November 25, 2015.

IV.

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

October 26 th , counsel for the appellee (State) was preparing the proposed

findings of fact and conclusions of law during the week beginning on

October 21 st through October 28 th in cause number 20462

- HC

- 4, et

. seq

. styled Ex parte Orian Lee Scott in the 6 th Judicial District Court of Lamar

County. From October 28 th through October 30 th and November 2 nd through

November 6 th , counsel had criminal dockets in the 6 th Judicial District Court

of Lamar County.

On November 10, 2015, counsel for the State had a motion to revoke

hearing scheduled for The State of Texas v. Se govia
, The State of Texas v.

Gibson and The State of Texas v. Maroney . On November 10 th , counsel for

the State was also preparing criminal cases for grand jury proceedings on

November 12 th . The Lamar County Commissioners recognized November

11, 2015 as a county holiday for Veterans’ Day and counsel for the State was5 on vacation from November 11 th through November 13, 2015. On

November 16 th , counsel for the State had a criminal docket for arraignments

and plea bargains. Finally, counsel for the State had a criminal docket for

pre

- trial motions and revocations on November 17 th

. In addition to the criminal dockets and hearings above, counsel for the

appellee (State) was preparing and completing the appellee’s (State’s) brief

in cause number 06

- 15

- 0002 4

- CR styled Rodney Boyett v. The State of Texas

in the Sixth Judicial District Court of Appeals at Texarkana (now set for

submission on December 3, 2015).

Finally, Pam Bull, the chief deputy clerk in the County and District

Attorney’s Office of Lamar Coun ty, will be on vacation from November 20 th

through November 30, 2015.

Due to these circumstances, counsel for the appellant (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 five (5) days from November 25 th to November 30,

2015, the State will have sufficient time for completion with the time as

extended

.6 V.

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

had by all parties. As the appellee, the State requests that an extension of

time until Monday, November 30, 2015 be granted for the filing of

Appellee’s Brief, or until such t ime 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 Second Motion to Extend Time to File Its Brief in its

entire ty and grant the State of Texas an additional five (5) days in which to

file its brief on or before Monday, November 30, 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 TEXAS7 VERIFICATION

STATE OF TEXAS § § COUNTY OF LAMAR §

BEFO RE 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

SUBSCRIBED AND SWORN TO BEFORE ME on the 19th day of November, 2015 , to certify which witness my hand and official seal.

Notary Public, State of Texas8 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 19 th day of November, 2015 upon the

following:

Don Biard McLaughlin, Hutchison & B iard 38 First Northwest Paris, TX 75460

______________________________ GARY D. YOUNG gyoung@co .lamar.tx.us