1 N O . 02

– 17

– 00323

– CR S TATE OF T EXAS § I N THE C OURT OF A PPEALS § V . § FOR THE § S COTT P AUL W AYNE § S ECOND D ISTRICT OF T EXAS

S TATE ’ S S ECOND M OTION FOR E XTENSION T O T HE H ONORABLE J USTICES OF S AID C OURT : 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 ,4 79 -B of th e 78 th 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 CLERK2

7. This is t he State ’s first req uest 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. Wate rs, 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 brief s 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 post

c onviction pro se motions, and assisting other Assistant District Attorneys with hearings and trial s . 8. Appellant does not oppose the State ’s Second Motion for Extension.
9. Th e State respectfully requests a thirty

- one day extension to prepare its brief.3

It is therefore requested that the time for filing be extended thirty

- one days to Mon day , June 2 5 , 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

- 81134 CERTIFICATE OF CONFERENCE I, Jennifer Ponder, certify that on May 2 5 , 2018 , I discussed this Motion with Mike Payne , attorney for Appell ant , he indicated that h e 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