NO. 06-15-0042-CR

06-15-0043-CR

06-15-0044-CR

06-15-0045-CR

06-15-0046-CR

RICHARD DARBY III, § ON APPEAL FROM THE

Appellant §

 § 102nd JUDICIAL DISTRICT

VS. §

 §

STATE OF TEXAS, § COURT OF BOWIE COUNY

Appellee § TEXAS

MOTION FOR LEAVE FOR THE BELATED FILING OF APPELLEE’S 

BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas by and through her below named Criminal 

District Attorney and for its Motion for Belated Filing of Appellee’s Brief states as 

follows:

I.

This case is pending from the 102nd Judicial District of Bowie County, Texas. 

2. The case is styled State of Texas v. Richard Darby III, Cause Nos. 14F98-102, 

14F133-102, 14F179-102, 14F252-102, and 14F180-102.

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 9/1/2015 8:49:00 AM DEBBIE AUTREY Clerk
3. Appellant pled guilty to the charges of Evading Arrest with a Motor Vehicle, three 

charges of Aggravated Robber, and Theft $1500-$20,000. The Appellant requested 

the jury assess his punishment on the five charges. This appeal stems from the 

Appellant’s trial on punishment. The jury assessed punishment at 10 years on the 

Evading Arrest, 45 years on each of the Aggravated Assaults, and 2 years on the 

Theft charge.

4. Appellant’s Brief was filed on June 4, 2015, making the State’s Brief originally 

due on or about July 6, 2015.

5. The State has previously requested two extensions of time for filing a brief, which 

made State’s Brief due on August 26, 2015.

7. Appellee has now completed Appellee’s brief, and requests leave of this Court for 

the belated filing of the same. Appellee’s completed brief is filed simultaneously 

with this Motion.

II.

The Brief was not timely prepared in this matter due to the press of the business, 

both trial and appellate. Said business includes, but is not limited to, the following 

since Appellant’s brief was filed:

 Preparation of the State’s brief in Kevin Fahrni v. State of Texas, 06-14-

00148-CR, which was due on June 17, 2015.

 Preparation for the pre-trial docket in the 5th District Court on June 15, 2015.
 In addition to the aforementioned work matters, the attorney for the State 

handling this appeal was out of the country on vacation from June 4-13, 2015.

 Preparation of the State’s brief in Reginald Reece v. State of Texas, 6-14-

00192-CR, which was filed on June 22, 2015.

 Pre-trial meetings and preparation for the trial of State of Texas v. Delbert 

Sisemore, Aggravated Robbery, Burglary of Habitation, Possession of a 

Controlled Substance, during the week of June 22, 2015. Trial was held on 

June 30-July 1, 2015.

 Preparation and attendance at the pre-trial and trial dockets in the 5th District 

Court on June 29, 2015.

 Pre-trial meetings and preparation for the trial of State of Texas v. Delbert 

Sisemore, Aggravated Robbery, Burglary of Habitation, Possession of a 

Controlled Substance, during the week of June 22, 2015. 

 Trial of State of Texas v. Delbert Sisemore was held on June 30-July 1, 2015.

 Pre-trial meetings and preparation for the trial of State of Texas v. Gary 

Carson, 14F0102-102, 14F0103-102, and 14F0161-102, Assault on a Public 

Servant (x3) on July 7-9, 2015.

 Preparation and attendance at the Trial dockets in the 5th District Court on July 

13, 2015.
 Trial of State of Texas v. Gary Carson 14F0102-102, 14F0103-102, and 

14F0161-102, Assault on a Public Servant (x3) was set for jury selection on 

July 14, 2015. The Defendant Failed to Appear and trial has been rescheduled 

for August 11, 2015.

 Preparation of the State’s Brief in Roderick Beham v. State of Texas, Cause 

No. 06-14-00174, which was filed on July 22, 2015.

 Attendance at the Advanced Criminal Law Continuing Legal Education 

Conference in San Antonio, Texas on July 26-31, 2015.

 Pre-trial meetings and preparation for trial in State of Texas v. Steven 

Lorance, 15F0323-005 on August 4, 2015. The case was resolved short of a 

trial at a hearing on August 7, 2015.

 Preparation and attendance at the Grand Jury proceedings on August 20, 2015.

 Preparation and attendance at the Trial docket in the 5th District Court on 

August 24, 2015.

 Attendance at the Capital and Non-Capital Training for the Prosecution CLE 

in Plano, Texas, August 26-28, 2015.

III.

This motion is made in good faith and not for purposes of delay.
PRAYER

WHEREFORE, the State respectfully requests this Court permit leave for the belated 

filing of Appellee’s Brief.

Respectfully submitted,

__/s/ Lauren N. Sutton______

LAUREN N. SUTTON

Texas Bar No. 24079421

601 Main Street

Texarkana, TX 75501

ASSISTANT DISTRICT 

ATTORNEY

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion to 

Extend Time for Filing State’s Brief was forwarded to Mr. Troy Hornsby, counsel 

for Appellant, on this the 31st day of August, 2015. 

__/s/ Lauren N. Sutton______ 

LAUREN N. SUTTON