NUMBER 12-15-00007-CR

CHRISTOPHER EARL THURMAN § IN THE COURT OF APPEALS

§

V. § TWELFTH JUDICIAL DISTRICT

§

THE STATE OF TEXAS § TYLER, TEXAS

STATE’S SECOND MOTION FOR EXTENSION

AND FOR LATE FILING OF BRIEF

TO THE HONORABLE COURT:

Comes now the STATE OF TEXAS, and presents its second motion for an

extension of time to file a brief in the above-numbered cause, and in support

of said motion, would show this Honorable Court the following:

A. This case was originally disposed of by a bench trial in the 7th District

Court of Smith County, Texas, the Honorable Kerry L. Russell presiding. 

B. The trial court cause number was 007-1224-14, and the case was styled The

State of Texas v. Christopher Earl Thurman.

C. Appellant was convicted of the offense of unlawful possession of a firearm

by a felon. 

D. The trial court assessed appellant’s punishment at confinement for fifteen

years in the Texas Department of Criminal Justice–Institutional Division

without a fine. 

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ACCEPTED

12-15-00007-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

8/6/2015 9:30:51 AM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/6/2015 9:30:51 AM CATHY S. LUSK Clerk
E. On 10 June 2015, appellant filed a brief. The State’s Brief was due to be

filed in this Court on or before 31 July 2015.

F. The Court previously granted both appellant and the State one extension

of time for the filing of a brief. 

G. Pursuant to Rules 2, 9.4(k), 10.5(b)(1), and 38.6(d) of the Texas Rules of

Appellate Procedure, the State is seeking the Court’s indulgence on an

extension of three (3) days in order to allow the State an opportunity for

timely filing its brief on or before 3 August 2015.

H. The facts relied upon to support this request are as follows:

I,Aaron Rediker, the undersigned AssistantCriminalDistrictAttorney, am

one of the two attorneys assigned to the Appellate Section of the Smith

County District Attorney’s Office. On 31 July 2015, I filed the State’s Brief in

the above-numbered cause. After converting the brieffrom a Microsoft Word

document to PDF file format, I was unaware that my choice of font in Word

had rendered the resulting PDF file not text-searchable. When the brief was

returned by the Clerk of the Court on 3 August 2015, I reformatted the

document and refiled it electronically that same day. The brief’s

nonconformance with Rule 9.4(j)(1) was due to inadvertent user error on my

part and was not an intentional subversion of the Rules of Appellate

Procedure. 

I. As a copy of the State’s Brief conforming with Rule 9.4(j)(1) has already

been filed, no further extension will be necessary. This motion is not being

filed for purposes of delay, but to allow the State to timely respond to the

arguments raised in the appellant’s brief. 

J. The State has a great interest in affirming the judgement of the 7th District

Court in this case. 

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K. All facts recited in this motion not within the record or the Court's

knowledge in its official capacity are within the personal knowledge of the

undersigned attorney, and a verification is therefore not required under

Rule 10.2 of the Texas Rules of Appellate Procedure.

WHEREFORE, PREMISES CONSIDERED, this request is respectfully made that

the Court grant the State the opportunity of filing its brief on or before 3

August 2015.

Respectfully submitted,

/s/ Aaron S. Rediker 

Aaron S. Rediker, SBN: 24046692

Assistant Criminal District Attorney

Smith County, Texas

100 N. Broadway, 4th Fl.

Tyler, Texas 75702

(903) 590-1720

(903) 590-1719 (fax)

CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned

attorney certifies that the word count for this document is 502 as calculated

by Corel WordPerfect X6.

/s/ Aaron S. Rediker 

Aaron S. Rediker

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CERTIFICATE OF SERVICE

On 6 August 2015, a copy of the foregoing motion was emailed to James

W. Huggler Jr., attorney for appellant, at jhugglerlaw@sbcglobal.net. 

/s/ Aaron S. Rediker 

Aaron S. Rediker

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