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# No. 14

- 15 -00154- CR

ANTHONY PLASTER § IN THE COURT OF APPE ALS

§

V. § 14 TH JUDICIAL DISTRICT

§

THE STATE OF TEXAS § AT HOUSTON , TEXAS

APPELLEE ’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee asks the Court to extend the time to file its brief.

Introduction

1. Appellant is Anthony Plaster ; Appellee is the State of

Texas. No rule provides a deadline to file this motion to extend. See T EX

.

R. A PP . P. 38.6(d). The Appellant is unopposed to this motion.

Argument and Authorities

2. The Court has the authority under Texas Rule of

Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s

brief was filed on November 9, 2015 . Appellee’s brief is due on December

9, 2015. Appellee requests 3 0 days to file its brief, extending the time until

January 8, 2016. No prior extension has been granted to extend the time to

file the Appellee’ s brief. ACCEPTED

14-15-00154-CR

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

12/8/2015 10:41:27 AM

CHRISTOPHER PRINE

CLERK2 3. Appellee request additional time to file its brief because

the undersigned counsel has been finis hing two other complicated briefs,

with extensive records, that have deadlines close in time to the instant case.

Counsel has made a diligent effort to complete all briefs within the time

designated by the rules. Counsel has been faced with a large end

- of

- the

- year

conclusion volume in his other cases as well. As a result , counsel will not be

able to complete the brief by the current due date.

Prayer

4

. For these reasons, Appellee asks the Court to grant an

extension of time to file its brief until January 8 , 2016

.

Respectfully submitted,

/s/ Trey D. Picard

_____________________________________ Trey D. Picard

State Bar No. 24027742
Assistant Criminal District Attorney

111 East Locust St., Suite 408A
Angleton, Texas 77515

(979) 86 4

- 1233

(979) 864

- 17 12 Fax
treyp@brazoria

- county.com

ATTORNEY FOR THE APP ELLEE,

THE STATE OF TEXAS3 CERTIFICATE OF CONFE RENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I

certify that I have conferred, or made a reasonable attempt to confer, with all

o ther parties, which are listed below, about the merits of this motion with the

following results:

Faye Gordon

Attorney at Law
201 E. Myrtle St.
Angleton, Texas 77515

(979) 849

- 3330
faye@fayegordonlaw.net

Attorney for the Appellant  opposes motion

 d oes not oppose motion

 agrees with motion

 would not say whether
motion is opposed

 did not return my message regarding the motion

/s/ Trey D. Picard

_______ __

_____________________ Trey D. Picard
Assistant Criminal District Attorney4 CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and

9.5(b), (d), (e), I certify that I have served this document on all other parties,

which are listed below, on December 8, 2015 :

Faye Gordon

Attorney at Law
201 E. Myrtle St.
Angleton, Texas 77515

(979) 849

- 3330
faye@fayegordonlaw.net

Attorney for the Appellant By:

 personal delivery

 mail

 commercial delivery

 electronic delivery / fax

/s/ T rey D. Picard

________ ______________________ Trey D. Picard
Assistant Criminal District Attorney