1 ORAL ARGUMENT WAIVED

CAUSE NO. 06

- 1 7

- 00 165

- CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

___________________________________________________________

DYWANE JERMAIN MORGAN ., Appellant

V.

THE STATE OF TEXAS, Appellee

___________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

RED RIVER COUNTY, TEXAS; HONORABLE WES TIDWELL ;

TRIAL COURT NO. CR0 2253

___________________________________________________________



## APPELLEE’S (STATE’S) MOTION TO

EXTEND TIME FOR FILING BRIEF

________________ ____________________________________________

Val J. Varley, County and District Attorney

Red River County and District Attorney’s Office

Red River County Courthouse

400 North Walnut Street

Clarksville, Texas 75426

- 4012

(903) 427

- 2009

(903) 427

- 5316 (Fax)

ATTORNEYS FOR THE STATE OF TEXAS ACCEPTED

06-17-00165-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

12/5/2017 12:12 PM

DEBBIE AUTREY

CLERK2 CAUSE NO. 06

- 1 7

- 00 165

- CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

___________________________________________________________

DYWANE JERMAIN MORGAN ., Appellant

V.

THE STATE OF TEXAS, Appellee

___________________________________________________________

ON APPEAL FROM THE 6TH JUDICIAL DISTRICT COURT

RED RIVER COUNTY, TEXAS; HONORABLE WES TIDWELL ;

TRIAL COURT NO. CR0 2253

_____________________________ ______________________________



## APPELLEE’S (STATE’S) MOTION TO

EXTEND TIME FOR FILING BRIEF

____________________________________________________________

TO THE HONORABLE SIXTH COURT OF APPEALS AT TEXARKANA:

COMES NOW, the State of Texas, by and through the elected County

and District Attorney, Val J. Varley, and the Red River County and District

Attorney’s office (“the State”), respectfully submits this Motion to Extend

Time to File the Appellee’s (State’s) Brief under Rules 10 and 38 of the

Texas Rules of Appellate Procedure. The State moves this Court pursuant

to the Texas Rules of Appellate Procedure for an extension of time in which3

to the Appellee’s (State’s) Brief upon good cause shown below.

I.

On or about November 3 , 201 7 , the appellant, Dwyane Jermain

Morgan filed his brief in the above

- styled and numbered appellate cause.

As the appellee, the State’s Brief is currently due on or before

December 4 , 201 7 . The State seeks another one ( 1) day in which to file its

brief.

II.

This is an appeal from a final judgment of conviction in the 6th

Judicial District Court of Red River County, Texas. The District Court

cause number was CR0 2253

.

III

.

The present deadline for filing the Appellee’s (State’s) Brief is

Monday, December 4 , 2 01 7 . This is the State’s first motion for an

extension of time to file its brief.4 V.

For good cause, the appellee (the State) seeks an additional one ( 1 )

day in which to file its brief . A ll internet systems in the Red River County

Courthouse were out of service December 4, 2017, therefore the Appellee

(State) was unab le to e

- file it’s brief in a timing manner.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays

that upon final submission of this motion to the Court’s motion docket, this

Cour t grant the Appellee’s (State’s) Motion to Extend Time to File Brief in

its entirety and grant an additional one ( 1 ) days in which to file its Brief on

or before December 5 , 201 7 ; and for such other and further relief, both at

law and in equity, to which i t may be justly and legally entitled.5 Respectfully submitted,

Val J. Varley, County and District Attorney

Red River County and District Attorney’s Office

Red River County Courthouse

400 North Walnut Street

Clarksville, Texas 754 26

- 4012

(903) 427

- 2009

(903) 427

- 5316 (Fax)

valvarley@valornet.com

By: /s/Val Varley

Val J. Varley

SBN # 20496580

ATTORNEYS FOR THE STATE OF TEXAS

VERIFICATION

THE STATE OF TEXAS §

§

COUNTY OF RED RIVER §

BEFORE ME, the undersigned authority, on this day personally

appeared Val J. Varley, who after being duly sworn stated:

I am the attorney representing the Appellee (The State of Texas)

in the above

- styled and numbered appellate cause. I have read

the fo regoing Appellee’s (State’s) Motion to Extend Time to

File Brief and the facts and allegations contained are known to

me and they are true and correct to the best of my personal

knowledge. The signatures herein were made with my express

permission.

/s/Val Varley

Val J. Varley6 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) Motion to Extend Time for Filing Brief has

been served on the 5 th day of December , 201 7 u pon the following:

Troy Hornsby

Miller, James, Miller & Hornsby, L.L.P.

1725 Galleria Oaks Drive

Texarkana, Texas 75503

Troy.hornsby@gmail.com

903.794.2711, f. 903.792.1276

/s/Val Varley

Val J. Varley

valvarley@varlornet.com