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NO. 02–17–00323–CR

STATE OF TEXAS § IN THE COURT OF APPEALS 

§ 

V. § FOR THE 

§ 

SCOTT PAUL WAYNE § SECOND DISTRICT OF TEXAS

STATE’S SECOND MOTION FOR EXTENSION

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes the State of Texas, Appellee, in the above styled and numbered 

cause and moves this Court to grant an extension of time to file Appellee’s Brief, 

pursuant to Texas Rules of Appellate Procedure 38.6 and 10.5(b), and for good cause 

shows the following: 

1. On July 27, 2017, in cause 58,479-B of the 78th District Court, Wichita 

County, a jury found Appellant guilty of Aggravated Assault with a Deadly 

Weapon and Obstruction. The judge sentenced Appellant to 10 years and five 

years in the Texas Department of Criminal Justice to run concurrently. 

2. Appellant is currently incarcerated. 

3. On October 10, 2017, Appellant filed a Notice of Appeal. 

4. Appellant requested and received one motion for extension. 

5. Appellant filed his brief March 26, 2018. 

6. The State’s brief is currently due Friday, May 25, 2018. 

ACCEPTED

02-17-00323-CR

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

5/25/2018 3:11 PM

DEBRA SPISAK

CLERK

 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 5/25/2018 3:11:31 PM DEBRA SPISAK Clerk
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7. This is the State’s first request for an extension of time. In support of good 

cause for the extension, the State shows the following: 

a. I assisted trial attorneys with preparation for and have been in trial in 

State v. Catlin Briscoe, cause no. 58,221-C, felony murder by 

intentional/knowing injury to a child – an abusive head trauma case –

which began April 2, 2018 and is still ongoing;

b. I gave oral argument to the Court of Criminal Appeals on May 2, 2018 

at 9:00am in Texas v. Waters, PD-0792-17;

c. I attended the Robert O. Dawson Conference on Criminal Appeals May 

2-May 4, 2018 in Austin, Texas;

d. I filed a brief in cause 02–17–00226–CR on May 25, 2018; 

e. I have two briefs due to this Court on June 18, 2018 in cause 02-17-

00347-CR and cause 02-17-00140-CR; and,

f. I am currently working on other habeas corpus issues on remand from 

the Court of Criminal Appeals, responding to miscellaneous postconviction pro se motions, and assisting other Assistant District 

Attorneys with hearings and trials.

8. Appellant does not oppose the State’s Second Motion for Extension.

9. The State respectfully requests a thirty-one day extension to prepare its brief. 
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It is therefore requested that the time for filing be extended thirty-one days to

Monday, June 25, 2018.

Respectfully Submitted,

/s/ Jennifer Ponder 

Assistant Criminal District Attorney

Wichita County, Texas

State Bar No. 24083676

Jennifer.ponder@co.wichita.tx.us

(940) 766-8113
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CERTIFICATE OF CONFERENCE

I, Jennifer Ponder, certify that on May 25, 2018, I discussed this Motion with 

Mike Payne, attorney for Appellant, he indicated that he does not oppose the State’s 

Second Motion for Extension of Time. 

/s/ Jennifer Ponder 

CERTIFICATE OF SERVICE

I, Jennifer Ponder, certify that on May 25, 2018, I served a copy of State’s 

Second Motion for Extension on the party listed below by electronic service and that 

the electronic transmission was reported as complete. My e-mail address is 

jennifer.ponder@co.wichita.tx.us. 

Mike Payne

Attorney for Appellant

1211 Bluff Street

Wichita Falls, TX 76301

(940) 766-1812

michaelfpayne@gmail.com

/s/ Jennifer Ponder