NO. 12-13-00386-CR 

IN THE COURT OF APPEALS 

FOR THE TWELFTH JUDICIAL DISTRICT 

AT TYLER, TEXAS 

WILLIE OWENS III., 

Appellant 

V. 

STATE OF TEXAS, 

Appellee 

ON APPEAL FROM CAUSE NO. 2013-0215 IN THE 159TH 

JUDICIAL DISTRICT COURT OF ANGELINA COUNTY, TEXAS 

STATE’S FIRST MOTION FOR EXTENSION (UNOPPOSED) 

TO THE HONORABLE JUSTICES OF THIS COURT: 

 Appellee, State of Texas, moves for a 7-day extension of time to file its 

brief. 

I. 

Under the Texas Rules of Appellate Procedure, the general deadline to file 

an appellee’s brief is 30 days after the date the appellant’s brief was filed. Tex. R. 

App. P. 38.6(b). In this matter, Appellant filed a brief on December 15, 2014. The 

State’s brief was due Wednesday January 14, 2015. 

ACCEPTED

12-13-00386-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

1/14/2015 4:09:07 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 1/14/2015 4:09:07 PM CATHY S. LUSK Clerk
 The State of Texas now requests a 7-day extension of time in which to file 

its brief. 

II. 

Good cause exists for allowing the State additional time to file its brief for 

the following reasons: 

1. Counsel for the State was preparing for a jury trial in State v. 

Hernandez, Cause No.: 2014-0629 which was scheduled for jury selection on 

January 12, 2015. 

2. Counsel for the State is simultaneously working on briefs in Willie 

Owens III. V. State of Texas, No.: 12-13-00386-CR, Joshe Johnson v. State of 

Texas, No.: 12-14-00160-CR, Joseph Finley v. State of Texas, No.: 12-14-00005-

CR, and Jock Dominey v. State of Texas, No.: 12-14-00226-CR, as well as 

handling a full felony caseload. 

3. This motion for a 7 day extension is unopposed by appellant. 

III. 

 From the above-listed reasons, the State has demonstrated that good cause 

for the failure to be able to submit its brief by the Court’s deadline. This is the 

State’s second motion for extension, and it is not brought for purposes of delay or 

harassment, but to see that justice is done. 
WHEREFORE, Appellee State of Texas prays that the Court grant its 

requested 7-day extension to file its State’s Brief in this matter and order that the 

response filed on October 10, 2013 be deemed filed.

Respectfully Submitted, 

____/s/April Ayers-Perez______ 

APRIL AYERS-PEREZ 

Assistant District Attorney 

Angelina County D.A.’s Office 

P.O. Box 908 

Lufkin, Texas 75902 

(936) 632-5090 phone 

(936) 637-2818 fax 

State Bar No. 24090975 

ATTORNEY FOR APPELLEE 

STATE OF TEXAS 

 
Certificate of Service

 I do certify that on January 14, 2105, a true and correct copy of the above 

document has been served electronically to appellant’s counsel, Albert Charanza, 

Jr., via e-filing. 

___/s/April Ayers-Perez__________ 

APRIL AYERS-PEREZ 

Certificate of Conference 

 I do certify that on January 14, 2015, counsel for state conferred with Albert 

Charanza, Jr., counsel for appellant, via the telephone and he was unopposed to 

this motion. 

_/s/April Ayers-Perez____________ 

APRIL AYERS-PEREZ 

Certificate of Compliance 

 I certify that this document contains 289 words, counting all parts of the 

document except those excluded by Tex. R. App. P. 9.4(i)(1). The body text is in 

14 point font, and the footnote text is in 12 point font. 

_/s/April Ayers-Perez_____________ 

APRIL AYERS-PEREZ