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ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00010-CR 

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

LARRY JOE McNEAL, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY; 

TRIAL COURT NO. 61963;

HONORABLE M.C. SUPERVILLE, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING BRIEF ____________________________________________________________

 Gary D. Young, County and District Attorney

 Lamar County and District Attorney’s Office

 Lamar County Courthouse

 119 North Main

 Paris, Texas 75460

 (903) 737-2470

 (903) 737-2455 (fax)

 ATTORNEYS FOR THE STATE OF TEXAS

ACCEPTED

06-15-00010-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/17/2015 8:33:53 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/17/2015 8:33:53 AM DEBBIE AUTREY Clerk
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ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00010-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

LARRY JOE McNEAL, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY; 

TRIAL COURT NO. 61963;

HONORABLE M.C. SUPERVILLE, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING 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 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 Procedure 
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for an extension of time in which to file the Appellee’s (State’s) Brief upon 

good cause shown below.

I.

On June 17, 2015, Larry Joe McNeal (Neal), the appellant, filed his 

brief in the above-styled and numbered cause. As the appellee, the State’s 

brief is currently due on or about July 17, 2015.

This motion to extend time seeks an additional thirty (30) days for the 

State to file its brief.

II.

This is an appeal from the County Court of Lamar County, Texas. In 

that Court, the cause number was 61963.

III.

On or about January 16, 2015, the appellant filed his notice of appeal 

in this Court. The district clerk filed the Clerk’s Record on or about 

February 27, 2015. The official court reporter filed the Reporter’s Record 

on or about April 13, 2015. 

The appellant, McNeal, filed his brief on June 17, 2015.

IV.

The present deadline for filing the appellant’s (State’s) brief is Friday, 

July 17, 2015. Since the filing of the appellant’s brief on June 17th, counsel
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for appellee (State) was preparing the brief in cause numbers 

06-15-00038-CR, 06-15-00039-CR and 06-15-00040-CR styled Robert 

Brice Daugherty v. The State of Texas in the Sixth Court of Appeals at 

Texarkana (filed on July 15, 2015 and set for submission on August 5, 

2015).

In addition to the brief in the Daugherty appeal, counsel for the 

appellee (State) had criminal dockets, including the jury selection for a 

juvenile competency trial beginning on June 22, 2015 in a case styled In the 

Interest of C.S. and the jury trial beginning on June 26th. In that regard, 

counsel for the appellee (State) was also preparing for the certification 

hearing on July 17, 2015.

On July 7, 2015, counsel for the appellee (State) had a plea-bargain 

docket and met with defense attorneys for seventeen (17) inmates. On July 

8th, counsel for the appellee (State) had a bench trial in cause numbers 26186 

and 26122 styled The State of Texas v. Adeli Carranza in the Sixth Judicial 

District Court of Lamar County. On July 9, 2015, counsel for the appellee 

(State), as a special prosecutor, was attending the sentencing hearing in 

Sulphur Springs in The State of Texas v. Daniel Winn in Hopkins County, 

Texas. 

Finally, counsel for the appellee (State) was preparing the budget for 
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next year and had two meetings with the County Judge and Commissioner’s 

Court of Lamar County.

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 request for an extension of time. 

Insufficient time now remains to complete Appellee’s Brief, but, if the time 

is extended another thirty (30) days to Monday, August 17, 2015, the State 

will have sufficient time for completion with the time as extended.

V.

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

had by all parties. Appellee requests that an extension of time until 

Monday, August 17, 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 Motion to Extend Time to File Its Brief in its entirety 

and grant the State of Texas an additional thirty (30) days in which to file its 

brief on or before Monday, August 17, 2015, or until such time as this Court 

deems appropriate; and for such other and further relief, both at law and in 

equity, to which it may be justly and legally entitled.
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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

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 

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

SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of 

July, 2015, to certify which witness my hand and official seal.

 

 Notary Public, State of Texas
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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) Motion to Extend Time for Filing Brief has 

been served on the 17th day of July, 2015 upon the following:

Don Biard

McLaughlin, Hutchison & Biard

38 First Northwest

Paris, TX 75460

______________________________

GARY D. YOUNG

gyoung@co.lamar.tx.us