ORAL ARGUMENT WAIVED CAUSE NO. 06-15-00010-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________ LARRY JOE McNEAL, Appellant V. THE STATE OF TEXAS, Appellee

____________________________________________________________ ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY; TRIAL COURT NO. 61963; H ONORABLE M.C. SUPERVILLE, 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 ACCEPTED 06-15-00010-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/10/2015 11:45:24 AM DEBBIE AUTREY

CLERKORAL ARGUMENT WAIVED CAUSE NO. 06-15-00010-CR IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________ LARRY JOE McNEAL, Appellant V. THE STATE OF TEXAS, Appellee

____________________________________________________________ ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY; TRIAL COURT NO. 61963; H ONORABLE M.C. SUPERVILLE, 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 State of Texas moves this Court pursuant to the Texas Rules ofAppellate Procedure for an extension of time in which to file the Appellee’s (State’s) Brief upon good cause shown below. I. On June 17, 2015, Larry Joe McNeal (McNeal), the appellant, filed his brief in the above-styled an d numbered cause. On July 17 th , the State filed a motion to extend time to file its brief, which this Court granted on July 21, 2015. The State’s brief is currently due on or before August 7, 2015. This motion to extend time seeks an additional three (3) days for the State to file its brief. II. This is an appeal from the County Court of Lamar C ounty, Texas. In that Court, the cause number was 61963. III. On or about January 16, 2015, the a ppellant filed his notice of appeal in this Court. The district clerk filed the Clerk’s Record on or about February 27, 2015. The official c ourt reporter filed the Reporter’s Record on or about April 13, 2015. The appellant, McNeal, file d his brief on June 17, 2015.IV. The present deadline for filing the appellant’s (State’s) brief was Friday, August 7, 2015. On or about July 23 rd , Pam Bull, the chief deputy with the Lamar County and District Attorney’s Office called this Court and advised that she would be on vacation, but would return on Monday, August 10, 2015. Due to these circumstances, counsel for the appellee (State) was unable to timely e-file its completed brief on Friday, August 7, 2015. But, the State will be filing its completed brief on Monday, August 10 th and respectfully requests this Court to grant a three-day reasonable extension of time. V. The purpose of this motion is not for delay, but so that justice may be had by all parties. Appe llee requests that an exte nsion of time until Monday, August 10, 2015 be granted for the filing of Appellee’s Brief. WHEREFORE PREMISES CONSIDERED, the State of Texas prays that upon final submission of this moti on 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 three (3) days in which to file its brief on Monday, August 10, 2015; and for such other and furtherrelief, at law and in equity, to whic h 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 VERIFICATION STATE OF TEXAS § § COUNTY OF LAMAR § BEFORE ME, the undersigned au thority, 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 A ppellee’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. YoungSUBSCRIBED AND SWORN TO BEFORE ME on the 10th day of August, 2015, to certify which witness my hand and official seal. Notary Public, State of Texas 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) Sec ond Motion to Extend Time for Filing Brief has been served on the 10 th day of August, 2015 upon the following: Don Biard McLaughlin, Hutchison & Biard 38 First Northwest Paris, TX 75460

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