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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 6TH DISTRICT COURT;

LAMAR COUNTY, TEXAS; TRIAL COURT NOS. 25636 & 25637;

HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________

APPELLEE’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

 (903) 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

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/19/2015 11:16:53 AM DEBBIE AUTREY Clerk
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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 6TH DISTRICT COURT;

LAMAR COUNTY, TEXAS; TRIAL COURT NOS. 25636 & 25637;

HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME TO FILE 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 September 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 25th for the State to file its brief. The State asks for an extension 

until Monday, November 30th 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 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 about 
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September 15, 2015. Then, Rundles filed his appellant’s brief on 

September 24, 2015.

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

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

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

October 21st through October 28th in cause number 20462-HC-4, et. seq. 

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

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

November 6th, counsel had criminal dockets in the 6th 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. Segovia, The State of Texas v. 

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

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

November 12th. The Lamar County Commissioners recognized November 

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

November 16th, 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 17th. 

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 06-15-00024-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 County, will be on vacation from November 20th

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 25th to November 30, 

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

extended.
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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 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 Second Motion to Extend Time to File Its Brief in its 

entirety 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 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

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 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 19th day of November, 2015 upon the 

following:

Don Biard

McLaughlin, Hutchison & Biard

38 First Northwest

Paris, TX 75460

______________________________

GARY D. YOUNG

gyoung@co.lamar.tx.us