No. PD

- 1409

- 15

I N THE
C OURT OF C RIMINAL A PPEALS OF T EXAS

AT A USTIN , T EXAS

_________________________________________________ D AMON L AVELLE A SBERRY

A PPELLANT

V.

THE STATE OF TEXAS

___________________________________________ A N A PPEAL OF F INDINGS U NDER C ODE OF C RI MINAL P ROCEDURE C H APTER 64

C AUSE N O

. 2007

- 1625 -C2A

F ROM THE 54 TH J UDICIAL D ISTRICT C OURT OF

M C L ENNAN C OUNTY
, T EXAS

____________________________________________

M OTION FOR E XTENSION OF T IME

T O F ILE THE S TATE ’ S B RIEF

____________________________________________

ABELINO "ABEL" REYNA STERLING HARMON Criminal District Attorney Appellate Division Chief McLennan County, Texas State Bar No. 09019700

219 North 6th Street, Suite 200
Waco, Texas 76701
Tel: (254) 757

- 5084

Fax : (254) 757

- 5021
Email : sterling. harmon @co.mclennan.tx.u s PD-1409-15 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 5/24/2016 2:47:36 PM Accepted 5/24/2016 2:51:17 PM

ABEL ACOSTA CLERKTO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas , moves for an extension of Thir ty Days in which

to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is

based upon the following reasonable explanation of the need for additional

time, within the personal knowledge of Sterling Harmon , the attorney

signing this motion , namely:

The State of Texas moves this court to allow an extension of thirty

days from the filing of this motion to file its Brief. The State’s Brief was due

on May 23, 2016

. The State requests that the new deadline be June 22,

2 01 6

. Th is is the first request for extens ion mad e by the State

.

O n May 24, 2016, the McLennan County Criminal District

Attorney ’ s Office be ca me aware of the issuance of a Late Brief Notice by

the Clerk of the Court. This was th e first indication to this office that

Appellant had filed his b rief with the Court, and that the State ’ s brief was

consequently due on May 23, 2016. Upon becoming aware of this

, a check

was made of this Office ’ s records of incoming email and hard copy

document receipts, as well as the electronic filing service . N o record was

found showing receipt of Appellant ’ s brief in this case. Appellant ’ s

counsel , upon recei ving a copy of the Late B r i ef notice from the Clerk of the

Court, prov ided a copy of the App e ll an t ’ s brief via email.

Consequen t l y, the State asks for a n extension of thir ty day s from the

filing of this motion to file its responsive brief. The additional time is notsought frivolously or for delay, but will be of genuine assistance in

preparing the State’s brief.

For the foregoing reasons, the State prays that the Court grant this

Motion and modify and extend the deadline for filing the State’s brief to

June 23, 201 6 or that this Court grant such additional time as is just and

proper

. Respectfully Submitted:

A BELINO ‘A BEL ’ R EYNA Criminal District Attorney McLennan County, Texas

/

/S / / Sterling Harmon

S TERLING H ARMON Appellate Division Chief

219 North 6 th Street, Suite 200
Waco, Texas 76701

Tel : (254) 757

- 5084

Fax : (254) 757

- 5021
Email : sterling.harmon@co.mclennan.tx.us

State Bar No. 09019700

C ERTIFICATE OF SERVIC E

I certify that I caused to be served a true and correct copy of this

motion by elec tronic service or email on counsel for Appellant

, Walter

R eaves, Jr. at walterreaves@att.net.

D ATE : 5 / 2 4 /1 6 / /S// S TERLING H ARMON
S TERLING H ARMON