1 

ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00108-CR 

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ALEXANDER NATHANIEL BRENES, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT;

LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814;

HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) SECOND 

MOTION TO EXTEND TIME TO FILE 

BRIEF ____________________________________________________________

 Gary D. Young

 Lamar County and District Attorney

 Lamar County Courthouse

 119 North Main

 Paris, Texas 75460

 (903) 737-2470

 (903) 737-2455 (fax)

 ATTORNEYS FOR THE STATE OF TEXAS

ACCEPTED

06-15-00108-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

12/23/2015 11:00:39 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/23/2015 11:00:39 AM DEBBIE AUTREY Clerk
2

CAUSE NO. 06-15-00108-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ALEXANDER NATHANIEL BRENES, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT;

LAMAR COUNTY, TEXAS; TRIAL COURT NO. 23814;

HONORABLE WILLIAM H. HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) 

SECOND MOTION TO EXTEND 

TIME TO FILE BRIEF ____________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the State of Texas, by and through Gary D. Young, the 

elected County and District Attorney of Lamar County, Texas and the Lamar 

County and District Attorney’s Office, respectfully submits this Second 

Motion to Extend Time to File Brief under Tex. R. App. P. 10 and 38. The 

State of Texas moves this Court pursuant to the Texas Rules of Appellate 
3

Procedure for an extension of time in which to file the Appellee’s (State’s) 

Brief upon good cause shown below.

I.

On or about October 20, 2015, the appellant, Alexander Nathaniel 

Brenes (Brenes) filed his brief in the above-styled and numbered cause. 

The appellee’s (State’s) brief was then due on November 19th, but the State 

moved for, and this Court granted, an extension until December 18, 2015.

At the time of the filing of this motion, the appellee’s (State’s) brief is 

currently past due, but the State seeks an additional five (5) days to file its 

brief on December 23, 2015.

II.

This is an appeal from the 6th Judicial District Court of Lamar County, 

Texas. In the District Court, the cause number was 23814.

III.

On or about June 25, 2015, the appellant (Brenes) filed his notice of 

appeal in this Court. By electronic filing or about August 25th, the District 

Clerk of Lamar County filed the Clerk’s Record. The official court reporter 

filed the Reporter’s Record on or about August 31, 2015. On or about 

September 14, 2015, the District Clerk filed a supplemental Clerk’s Record.

The appellant (Brenes) filed a motion to extend time to file his brief, 
4

which this Court granted on or about September 15, 2015. The appellant 

then filed his brief on October 20, 2015.

IV.

Since November 19th, counsel for the appellee (State) had the 

Thanksgiving holidays (November 26th and November 27, 2015) and was 

preparing the appellee’s (State’s) brief in cause numbers 06-15-00074-CR 

and 06-15-00075-CR styled Glenn Edwin Rundles v. The State of Texas in 

the Sixth Judicial District Court of Appeals at Texarkana, which was filed on 

or about December 1, 2015. In addition to the Rundles brief, counsel for 

the State was preparing the appellee’s (State’s) brief in cause number 

06-15-00023-CR styled Jessica Boyett v. The State of Texas, which was 

subsequently filed on Friday, December 4, 2015 (now set for submission on 

December 30, 2015).

During the following week beginning on December 7th, counsel for 

the State had criminal dockets, and was preparing for those dockets, which 

included grand jury and docket for status conferences on December 10, 

2015. Beginning on Monday, December 14th, counsel for the State had a 

hearing on a motion to set reasonable bail in cause number 26400 styled The 

State of Texas v. Rory Hicks and a pre-trial hearing in cause number 26338 

styled The State of Texas v. Christian Sims in the Sixth Judicial District 
5

Court of Lamar County. On December 15th, counsel for the State had 

revocation hearings in cause numbers 24882, 23522, 24825 and 25262 in the

Sixth Judicial District Court of Lamar County. Afterwards, counsel for the 

State was preparing for an arraignment and plea bargain docket that was 

scheduled for December 22, 2015.

Due to these circumstances, counsel for the appellant (State) was 

unable to complete the research necessary to prepare the brief in this 

appellate cause, thus necessitating this second request for an extension of 

time. However, counsel for the State has completed the brief and 

respectfully requests this Court to extend the time a short period of five (5) 

days from December 18th to December 23, 2015.

V.

The purpose of this motion is not for delay, but so that justice may be 

had by all parties. As the appellee, the State requests that an extension of 

time until Wednesday, December 23, 2015 be granted for the filing of 

Appellee’s Brief, or until such time as this Court deems appropriate.

WHEREFORE PREMISES CONSIDERED, the State of Texas prays 

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

Court grant the State’s Second Motion to Extend Time to File Its Brief in its 

entirety and grant the State of Texas an additional five (5) days in which to 
6

file its brief on or before Wednesday, December 23, 2015; and for such other 

and further relief, both at law and in equity, to which it may be justly and 

legally entitled.

Respectfully submitted,

Gary D. Young

Lamar County & District Attorney

Lamar County Courthouse

119 North Main

Paris, Texas 75460

(903) 737-2470

(903) 737-2455 (fax)

By:________________________________

Gary D. Young, County Attorney

SBN# 00785298

ATTORNEYS FOR STATE OF TEXAS
7

VERIFICATION

STATE OF TEXAS §

§

COUNTY OF LAMAR §

BEFORE ME, the undersigned authority, on this day personally 

appeared Gary D. Young, who after being duly sworn stated:

I am the attorney representing the Appellee in the above-styled 

and numbered appellate cause. I have read the foregoing 

Second Motion to Extend Time to File Appellee’s Brief and the 

facts and allegations contained are known to me and they are 

true and correct to the best of my knowledge.

_____________________________

Gary D. Young

STATE OF TEXAS §

COUNTY OF LAMAR §

Subscribed and sworn to before me by Gary D. Young on this the 23rd

day of December, 2015, to certify which witness my hand and seal of office.

_____________________________

Notary Public, State of Texas
8

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) Second Motion to Extend Time for Filing 

Brief has been served on the 23rd day of December, 2015 upon the 

following:

Michael Mowla

Michael Mowla, PLLC

P.O. Box 868

Cedar Hill, TX 75106-0868

michael@mowlalaw.com

______________________________

GARY D. YOUNG

gyoung@co.lamar.tx.us