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;

HONORABLE 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

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/10/2015 11:45:24 AM DEBBIE AUTREY Clerk
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;

HONORABLE 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 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 June 17, 2015, Larry Joe McNeal (McNeal), the appellant, filed

his brief in the above-styled and numbered cause. On July 17th, 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 County, Texas. In

that Court, the cause number was 61963.

III.

On or about January 16, 2015, the appellant filed his notice of appeal

in this Court. The district clerk filed the Clerk’s Record on or about

February 27, 2015. The official court reporter filed the Reporter’s Record

on or about April 13, 2015. 

The appellant, McNeal, filed 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 23rd, 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 10th 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. Appellee requests that an extension 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 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 three (3) days in which to

file its brief on Monday, August 10, 2015; and for such other and further
relief, 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

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 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) Second Motion to Extend Time for Filing

Brief has been served on the 10th 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