CAUSE NO. PD-0600-15

COURT OF APPEALS CAUSE NO. 11-12-00319-CR

IN THE COURT OF CRIMINAL APPEALS 

KEVIN ROYCE PEEK )( ON APPELLANT’S 

 APPELLANT/PETITIONER )( 

 )( PETITION FOR DISCRETIONARY 

V. )( REVIEW 

 )(

THE STATE OF TEXAS )( FROM THE ELEVENTH 

 APPELLEE )( COURT OF APPEALS 

MOTION FOR EXTENSION OF TIME TO FILE RESPONSE 

 

 NOW COMES the State of Texas, Appellee in the above-entitled and 

numbered cause, and in support of this its Motion for Extension of Time to File 

Response would respectfully show the Court as follows: 

Appellant was convicted of Possession of a Controlled Substance with Intent 

to Deliver – Drug Free Zone in this cause in the 35th Judicial District Court of Brown 

County, Texas, in Cause No. CR21821, styled, The State of Texas vs. Kevin Royce 

Peek. Appellant was found guilty and sentenced to Life in the institutional Division 

- Texas Department of Criminal Justice on September 7, 2012. 

The Eleventh Court of Appeals affirmed Appellant’s conviction on April 16, 

2015. Appellant filed a Petition for Discretionary Review with this Court on June 

17, 2015. 

PD-0600-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/17/2015 3:06:15 PM

Accepted 7/17/2015 5:06:35 PM

ABEL ACOSTA

CLERK
The State’s response is due on July 17, 2015. The number of extensions 

previously requested is: NONE. 

Due to time constraints created as a result of: preparation of a Brief on State 

of Texas vs. Lanny Bush, Coleman County Case No. 2602, a capital case; 

participation in Court Docket on June 22, 2015; preparation for and participation in 

Motion to Revoke and Motion to Adjudicate Docket on July 6, 2015 (31 cases); 

Court Docket on July 7, 2015; preparation for and participation in the Mills County 

Court Docket on July 8, 2015; Court Docket on July 9, 2015; preparing for trial, 

drafting subpoenas, and witness meetings on cases set on the Brown County trial 

docket for July 13, 2015; preparation for bench trial in State of Texas vs. Brandi 

Stokes, CR23435 on July 21, 2015; preparation for trial and drafting subpoenas for 

July 27, 2015, trial docket; the State requests an additional thirty (30) days for the 

preparation of its brief. The request is made not for the purpose of delay but that 

justice may be done.

Respectfully submitted,

/S/ElishaBird

ELISHA BIRD

Assistant District Attorney

State Bar No. 24060339

200 S. Broadway, Brownwood, TX 76801

Tel: 325-646-0444 Fax: 325-643-4053
CERTIFICATE OF SERVICE

The undersigned certifies that on the 17th day of July, 2015, a true and correct 

copy of the foregoing Motion was delivered by fax to the office of Connie J. Kelley, 

Attorney at Law (512) 478-2318 and by email to Lisa McMinn, State Prosecuting 

Attorney at information@spa.texas.gov.

/S/ElishaBird

ELISHA BIRD

CERTIFICATE OF COMPLIANCE

This document complies with the typeface requirements of Tex. R. App. P. 

9.4(e) because it has been prepared in a conventional typeface no smaller than 14-

point for text and 12-point for footnotes. This document also complies with the 

word-count limitations of Tex. R. App. P. 9.4(i), if applicable, because it contains

503 words, excluding any parts exempted by Tex. R. App. P. 9.4(i)(1).

/S/ Elisha Bird

ELISHA BIRD