No. PD-1409-15

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

AT AUSTIN, TEXAS

_________________________________________________

DAMON LAVELLE ASBERRY

APPELLANT

V.

THE STATE OF TEXAS

___________________________________________

AN APPEAL OF FINDINGS UNDER CODE OF CRIMINAL PROCEDURE CHAPTER 64

CAUSE NO. 2007-1625-C2A 

FROM THE 54TH JUDICIAL DISTRICT COURT OF

MCLENNAN COUNTY, TEXAS

____________________________________________

MOTION FOR EXTENSION OF TIME

TO FILE THE STATE’S BRIEF

____________________________________________

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.us 

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

CLERK
TO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas, moves for an extension of Thirty 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, 

2016. This is the first request for extension made by the State.

 On May 24, 2016, the McLennan County Criminal District 

Attorney’s Office became aware of the issuance of a Late Brief Notice by 

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

Appellant had filed his brief 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. No record was 

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

counsel, upon receiving a copy of the Late Brief notice from the Clerk of the 

Court, provided a copy of the Appellant’s brief via email.

 Consequently, the State asks for an extension of thirty days from the 

filing of this motion to file its responsive brief. The additional time is not 
sought 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, 2016 or that this Court grant such additional time as is just and 

proper.

Respectfully Submitted:

ABELINO ‘ABEL’ REYNA

Criminal District Attorney

McLennan County, Texas

 //S// Sterling Harmon 

 STERLING HARMON

 Appellate Division Chief

 219 North 6th 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

CERTIFICATE OF SERVICE

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

motion by electronic service or email on counsel for Appellant, Walter 

Reaves, Jr. at walterreaves@att.net.

DATE: 5/24/16 //S// STERLING HARMON

STERLING HARMON